UNODC & the Global Response to Cybercrime

Organized Crime & Illicit Trafficking BranchDivision of Treaty Affairs

Cybercrime as a Global Challenge

Transnational Dimension

• Transnational dimension due to underlying network architecture & global availability of services

• Essential to promote effective international cooperation in as close to real time as possible

• However, international cooperation only part of the solution. Also need technical solutions, education of users, legal measures & capacity building at national level

Cybercrime Legislation and Cross-National Frameworks

• When prevention strategies fail, legislation plays an important role in clearly delineating the nature and extent of the criminal justice response to cybercrime and in enabling international cooperation

• To date, cybercrime primarily addressed through national legislation and cross-national frameworks (binding and non-binding), including Arab League Model Cyber Law, Commonwealth Model Law on Computer and Computer-related Crime, ECOWAS Directive, cooperation agreement between CIS countries on computer crimes, Council of Europe Convention on Cybercrime, EU Legislation

Cybercrime Legislation• Legislation is not just limited to criminalization. Review of cross-national

instruments suggests that important areas for legislation include:o Substantive criminal lawo Jurisdictiono Procedure and law enforcement investigative measureso Electronic evidenceo Liability of internet service providerso International cooperation

• These areas are addressed to different extents by cross-national instruments and national laws

• Cross-national legal frameworks are important for providing a common basis for understanding of criminalization and mechanisms for international cooperation

Criminalization

Procedures

Electronic evidence

Jurisdiction

Service Provider Liability

International Cooperation

Criminalization

Procedures

Jurisdiction

International Cooperation

Council of Europe Convention on Cybercrime

Criminalization

Procedures

Electronic evidence

Jurisdiction

International Cooperation

Commonwealth Model Legislation

Criminalization

Procedures

Electronic evidence

International Cooperation

ECOWAS Directive on Cybercrime

Links between Cybercrime & Organized Crime

• Definition of organized crime in the United Nations Convention against Transnational Organized Crime (UNTOC)

• Modalities of involvement of organized crime

Cybercrime and UNTOC• Some (perhaps many) forms of cybercrime fall within the

definition of UNTOC as they are:o Transnational in natureo Involve an organized criminal groupo Committed with the aim of achieving material or financial

benefit

• Relevant articles of UNTOC for cybercrime include:o Article 29 (Training and technical assistance)

o (h) …Methods used in combating transnational organized crime committed through the use of computers, telecommunications networks or other forms of modern technology

o Article 27 (Law enforcement cooperation)o (3) …endeavour to cooperate within their means to respond to

transnational organized crime committed through the use of modern technology

UNODC Mandates in Cybercrime

• UN Convention against Transnational Organized Crime• Recent Parliamentary Resolutions at the International Level

o GA RES 64/211 – Creation of a Global Culture of Cybersecurityo GA RES 64/179 – Invited UNODC to explore ways & means of addressing

emerging policy issues, including cybercrimeo GA RES 65/230 –Requested UNODC to build capacity of national authorities

in order to deal with cybercrime (including the prevention, detection, investigation & prosecution of such crime, & to enhance the security of computer networks)

o CCPCJ Res 20/8 – Reiterated need to strengthen cooperation with Member states & relevant organizations, including private sector, on combating cybercrime

o ECOSOC Res 2011/33 – Requested UNODC to carry out a study on the effects of new information technologies on the abuse & exploitation of children & to assess training needs of States

UNODC Objectives• Comparative advantage as only intergovernmental organization working on

crime prevention & criminal justice at global level with specialized technical competence, operational capacity & long-term expertise in crime prevention, criminal justice & the rule of law. Access to global network of regional, country & project offices.

• In light of growing number of internet users in low & middle income countries, focus of efforts on developing countries through development of thematic programme

• Approach of using, building on, or adapting current good practice approaches

• Holistic approach covering criminal justice, prevention & awareness raising, regional & international cooperation & data collection, research & analysis

• Work through partnerships with other stakeholders including ITU, Interpol, OSCE, EU, Europol, Council of Europe, Member states, academia & private sector

UNODC/ITU Global Activities• Assessment

o Of institutional capacities & national normative frameworks in the fight against cybercrime

• Technical Assistanceo Including provision of equipment,

software & training for law enforcement agencies, & review of legislation & support to legal drafting based on country-specific requests & applicable instruments

• Capacity Buildingo Development of institutional capacities,

covering legal as well as technical aspects of combating cybercrime, delivered in cooperation with academic institutions

Background to the Comprehensive Study

• Within preparatory meetings for the 11th Crime Congress in 2005 a number of Member States called for a UN Convention on Cybercrime but no decision to initiate such a process

• All four regional preparatory meetings of the 12th Crime Congress in 2010 called for the development of an international instrument.

• The Salvador Declaration 2010 and GA Res 65/230 requested the Commission on Crime Prevention and Criminal Justice to establish an open-ended intergovernmental expert group on the problem of cybercrime and responses to it

• Intergovernmental expert group agreed a list of 13 topics for inclusion in the study as well as a methodology for preparation of the study

Comprehensive Study 2011-2013

Comprehensive studyOther

material & consultations

Member state questionnaire

Private sector questionnaire Intergovernmental

organizations & academia questionnaire

Comprehensive Study – Next Steps

Thank you

steven.malby@unodc.org cybercrime@unodc.org