Cyber Giants Tackle Cyber Justice On Thursday evening (10.3.2016) Giants in the Cyber Justice Industry tackled the pertinent questions the world wants to ask.

Location: The Villandry, Great Portland Street The objective: To discuss the current issues facing the justice system and

business and how common practices can make the prosecution of cybercriminals more effective.

Participants: Jens Puhle, Managing Director 8MAN UK Esther George, Director Cybercrime & Prevention, 8MAN UK Colin Nicholls QC Philip Manning, Non-Executive Director 8MAN UK

Philip Virgo, Chairman of the Conservative Technology Forum Simon Fordham OBE, Chairman of The International Cyber Security Protection Alliance. Hayley Kirton, City AM Tom Reeve, SC Magazine UK Rahul Rose, Global Investigations Review Neil Cattermull, Compare the Cloud Alex Sword, Computer Business Review Annich McIntosh, Fraud Watch

What is the current climate between Businesses and Law Enforcement regarding Cybercrime? Operation Falcon, Metropolitan Police: “U.K. Law enforcement (NCA, Met Falcon, Regional Organised Crime Units) are really keen to build better working relationships with businesses. This area was never a priority so frankly forces largely ignored it. Businesses didn't often report as they had no confidence we would do anything about it and if we did, often we didn't have the capability or experience to investigate effectively. That's changed, the Home Office has substantially invested in new capacity and capability but it needs to be bigger. The Met are also investing up to 500 officers and staff in this area now, a huge increase in the face of 20% cuts. No other forces have invested to this level. Most haven't increased staffing at all. This led to the creation of Falcon (Fraud and Linked Crime Online). Since we started Aug 2014 we've made more than 1000 arrests. Everyone is getting charged, very few are getting acquitted and we're getting good sentences. If we can identify a real person (the big challenge) all the evidence is on their devices or in their bank accounts so they've got nowhere to go.” Given the spiralling increase of data breaches and cybercrime why aren’t more cybercriminals being brought to justice? Simon Fordham, ICSPA: 'Key problem is always if there is enough evidence to bring to trial - especially if it crosses borders' Colin Nicholls QC: 'Legislation is very slow, it's difficult to say how well we're keeping up with fast moving cybercrime' Operation Falcon, Metropolitan Police: ‘More cyber criminals aren't convicted because forces don't investigate as they don't have the capability or capacity. The 2 biggest challenges are the fact the crime is often global so there are jurisdictional issues and delays and we need communications data to prosecute. Often that data is in countries or companies that can't/won't give it to law enforcement. Increasing levels of encryption also make it harder and harder to intercept comms or retrieve it evidentially through digital forensics. The

government's draft Investigatory Powers Bill addresses some of this and is a big step forward but only covers UK based providers. What about overseas? That's a massive gap. These are the biggest challenges to successful prosecution although there are plenty of UK based cyber criminals to tackle as well as the international ones.’ Why are businesses failing to report cybercrime to the police? Philip Manning: 'Most businesses still aren't reporting crimes out of embarrassment. Basic controls would prevent most cases' Philip Virgo: “Most businesses (and their insurers) are more concerned with “asset recovery”, more often than not using civil law against those who aided and abetted the attack and/or failed to help identify the attackers as well as those along the money chain rather than have the hassle of trying to find some-one who will accept a crime report and the subsequent uncertainty of getting a criminal conviction. Such action also appears to have a greater deterrent effect. The “justice” can be quite brutal, with criminals exacting retribution on those who cost them money.” What mistakes are companies making in preparing for potential prosecutions? Operation Falcon, Metropolitan Police: “Companies leave it too late to tell us they've had a problem or we often only communicate through lawyers. This delays everything, leads to misunderstanding and means evidence is often lost. Tell us early what is happening in a big breach. If you change your mind about cooperating/prosecuting later we'll walk away. We understand businesses desire for confidentiality and need to get business back to normal as quickly as possible and we won't undermine that. The only time anything is public from our point of view is when someone is charged and a reporter sees them in court. A cyber incident crisis might be the first for the company but it won't be for us. We can advise you on what worked and didn't work in other incidents to help businesses make the right decisions under pressure.”

How can companies aid in the investigation process? Operation Falcon, Metropolitan Police: “Where business can help is firstly to report everything so we all understand the scale of the problem and properly resource an effective response. Where big businesses can help is supporting us through their resources, be it skilled staff supporting investigations, training, access to business intelligence and technology or sponsorship to help fund our work.” What additional practices can help? Operation Falcon, Metropolitan Police: “Lack of education for teenage hackers using criminal malware to open up targets for criminal exploitation and the mules who help launder the money, criminal apprentices on the first rung of a lucrative career. Most are relatively easy to identify, assuming law enforcement is doing its job and those taking civil action can be bothered. They are expendable and better viewed as the modern equivalent of the “forlorn hope” in siege warfare – the mix of the ambitious and the desperate sent to assault the breach in the walls, with the promise of promotion if they succeed and survive.“

Cyber Detect & Protect The take away from this discussion is that a link between businesses and law enforcement needs to be established. Businesses need to know they can recoup their losses and bring the Cybercrimal to justice with minor business interruption. What happens if we don’t bring them to justice? Quite simply the risk is as high as before the attack, no matter what actions are taken. Panellist Esther George is clear “victims should report cybercrime so others are aware of risks and the risk does not occur again for the business owner” With this in mind, Esther has joined forces with Jens Puhle of 8MAN UK to form the CDP Service which tackles these issues head on and creates the foundations for businesses to work hand in hand with law enforcement to not only prevent and detect cyber criminals but bring them to justice too. The Cyber Detect & Protect Service has been created to fill the gap between companies and law enforcement, enabling companies to navigate the sensitive issues of Cybercrime and to protect themselves from attack and breach. For more information on CDP Service contact: Email: jens@8man.com Tel: 020 7097 1602

Panellist Biographies Jens Puhle

UK Managing Director for access rights management specialist 8MAN, moderated the evening. Jens Puhle is the UK Managing Director for 8MAN a provider of access rights management technology designed to protect company data from unauthorised access with offices in London and Berlin. Jens specialises in Access Rights Management Security, Cyber Security, Aggressive Business Development and Public Speaking. Since joining 8MAN as Global Head of Sales in

2014 in Berlin, Jens has successfully built up the international business with a License Revenue Increase of 35%. Upon his progression to Managing Director UK he opened the new City of London offices in 2015. Prior to joining 8MAN, Jens worked for almost 10 years at Micro Focus in both London and Munich, his position on leaving that of Vice President Central Eastern & Northern Europe with responsibility for 28 Countries. During his time with Micro Focus, Jens was in the “100 % Achievers Club" for many years and in 2010 named as "Sales Person of the Year International". Jens has worked with clients in excess of 30 countries with experience of the cultural differences facing a sales organisation and the cyber implications of this diversity. With over 15 years’ experience in complex IT solutions within International Organisations such as Intel and Mercury Interactive, Jens brings with him a wealth of experience with top tier customers and first-hand anecdotes to help business leaders and C-Suite executives re-address critical business issues and secure their organisations from the inside.

Esther George

Director of Cybercrime Detect & Protect with 8MAN UK, Cybercrime and digital evidence expert and author- Formerly Senior Policy Advisor for the Crown Prosecution Service. Esther George, LLB (Hons), LLM, MA, Solicitor, Cybercrime and Cybersecurity Consultant, UK Esther is an independent cybercrime and digital evidence consultant, trainer, conference speaker and author with international projects in her portfolio. Esther offers her

expertise to international organisations especially in countries that are developing their cybercrime and electronic evidence policies and strategies. She has recently worked with the Council of Europe, the United Nations and the Commonwealth Secretariat. Esther is an honorary researcher with the University of Lancaster and is the lead cybercrime consultant for the Global Prosecutors E-Crime Network (GPEN) which is part of the International Association of Prosecutors. Esther actually initiated and designed GPEN in 2008 to enable cybercrime prosecutors around the world to learn and benefit from sharing information, experiences, and strategies with each other. Colin Nicholls QC

A Queen's Counsellor and lead author of “Corruption and the Misuse of Public Office”. NATURE OF PRACTICE A barrister, Queen's Counsel and Master of the Bench of Gray’s Inn, whose specialist experience as a prosecutor and defender includes war crimes, complex commercial crime, corruption, extradition, criminal mutual assistance and human rights. He is a co-author of Corruption and the Misuse of Public Office, published by Oxford University Press and is currently working on its third edition due to be published

in the autumn 2016. He is an honorary life president and a former president of the Commonwealth Lawyers Association; a co-founder and member of the Latimer House Working Group and the Commonwealth Legal Forum; and was a member of the Commonwealth Expert Group on the Rule of Law (2011). CYBERCRIME

He successfully defended in the UK’s first hacking case in the House of Lords which led to the passing of the Computer Misuse Act 1990 (R v Gold and Schifreen [1988] AC 1064) and has defended in computer hacking cases at first instance. He acted for Benedetto Craxi, the former prime minister of Italy, in his successful Article 8 application to the European Court of Human Rights against the release into the public demesne of intercepted telephone messages of a private nature (Craxi v Italy (Appln. 17/07/2003). With other senior independent legal practitioners, he assessed the approach for implementing the use of intercept as evidence as proposed by a preceding Privy Council review (Cm7324). This formed the central basis for a subsequent Government report (Cm 7760), which concluded that this approach would not be legally viable. He was chairperson of the Commonwealth Working Group of Experts on Cybercrime and presented its Report to Law Ministers at their meeting in Botswana in May 2014. He is chairperson of the Commonwealth Working Group on Virtual Currencies. The Group published its report February 2016 and is currently developing technical guidance on the legislative, regulative and criminal justice responses to virtual currencies. He is also a patron of the recently established Cybercrime Practitioners Association.

Philip Manning Non-Executive Director 8MAN UK, Consultant in Financial market and former board member of ADIB (UK) Ltd MBNA Europe & Barclays Financial Services. Philip has 38 years’ experience in consumer banking. Currently

managing director of Executive Business Consultancy Limited in London, a company he founded in 2013, where he specialises in working with financial institutions and global brands to build successful marketing strategies and pioneering new opportunities. Philip is a non-executive director of Protected Networks Gmbh, a company specialising in protecting companies from unauthorised internal data access through their technology 8MAN. In 2012 Philip was appointed CEO of ADIB (UK) Limited in the UK where he joined the parent bank in early 2011 to set up their authorised banking operations in the UK. Prior to this for 5 years he was Managing Director, Globally for Cards Business Development within Citigroup responsible for

strategy and card business development across 42 countries and previously from 1993 until 2005 he was a founder and Director of Business Development for MBNA Europe. Philip has been awarded Fellowships of the Chartered Institute of Marketing, Institute of Sales & Marketing Management, Institute of Direct Marketing and the International Academy of Retail Banking. Philip Virgo

Chairman of the Conservative Technology Forum and former Secretary General of EURIM, the European Information Society group. A former information systems professional, programme manager and corporate planner, he has spent nearly 40 years analysing ICT developments and advising decision-takers accordingly. He was co-founder of the Conservative Computer Forum (in 1978) and of the all-party Parliamentary Information Technology Committee (1981) and Secretary General of Eurim, (now the Digital Policy Alliance) from 1994 -2010. He organised and ran the EURIM-IPPR study into “Partnership Policing for the Information Society” (2002 - 5), the recommendations from which have yet

to be fully implemented. He blogs as “When IT Meets Politics” Simon Fordham OBE

Chairman of The International Cyber Security Protection Alliance.

Simon Fordham is the principal Partner of BTG Global Risk Partners of the Begbies Traynor Group plc. He served in the British Military for 25 years (Colonel), including 15 years as a Special Forces officer before moving across to corporate life in 2004. He was awarded the MBE in 1990 and the OBE in 2000 for leading high profile security and intelligence

operations.

He is widely regarded as a subject matter expert for risk management and mitigation; due diligence and investigation operations in Africa, Europe, Far East and Central America. This has included major assignments for energy, oil and gas majors and the spectrum of international Corporates. As a professional practioner he was the Director for the largest commercial multi-faceted risk management operation to date in UK/EMEA.

He is internationally recognised as a leading crisis management expert and accomplished negotiator: dealing with kidnap, marine piracy, extortion and illegal detention invariably with multi-jurisdictional challenges.

For more information on CDP Service contact: Email: jens@8man.com Tel: 020 7097 1602