UNODC & the
Global Response to Cybercrime
Organized Crime & Illicit Trafficking Branch
Division of Treaty Affairs
Cybercrime as a Global Challenge
1.2
1.2
Low & Middle Income Countries
Internet Users
1
0.8
0.8
High Income Countries
Internet Users
0.6
High Income
Secure Internet Servers
0.4
0.6
0.4
0.2
Low Income
Secure Internet Servers
0
0.2
0
2000
2001
2002
2003
2004
2005
2006
2007
Source: World Bank
2008
2009
2010
Secure Internet Servers (Millions)
Internet Users (Billions)
1
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 nonbinding), including Arab League Model Cyber Law,
Commonwealth Model Law on Computer and Computerrelated 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 law
o Jurisdiction
o Procedure and law enforcement investigative measures
o Electronic evidence
o Liability of internet service providers
o 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
International
Cooperation
Criminalization
International
Cooperation
Criminalization
Jurisdiction
Procedures
Electronic
evidence
Procedures
Jurisdiction
Council of Europe Convention on Cybercrime
Criminalization
Procedures
Commonwealth Model Legislation
Electronic
evidence
International
Cooperation
Electronic evidence
Procedures
Jurisdiction
Service Provider Liability
International Cooperation
Criminalization
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
Lone individuals
Acts not involving
organized crime
Loose associations not meeting
UNTOC definition
[Acts perpetrated by states]
All cybercrime
acts
Acts involving organized
crime
To coordinate activities and enhance
commission of other offences
Specific aim (eg child pornography,
identity-related crime)
Cybercrime and UNTOC
•
•
Some (perhaps many) forms of cybercrime fall within the
definition of UNTOC as they are:
o Transnational in nature
o Involve an organized criminal group
o 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 Cybersecurity
o GA RES 64/179 – Invited UNODC to explore ways & means of addressing
emerging policy issues, including cybercrime
o 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
•
Technical Assistance
o
•
Of institutional capacities & national
normative frameworks in the fight against
cybercrime
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 Building
o
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
Member state
questionnaire
Private sector
questionnaire
Comprehensive study
Intergovernmental
organizations & academia
questionnaire
Other
material &
consultations
Comprehensive Study – Next Steps
January 2012: Finalization of the questionnaire and
dissemination to Member States, the private sector, IGOs
and academia
End April 2012: Deadline for receipt of responses to the
questionnaire
April 2012: Chair of the Expert Group to report to the Crime
Commission on progress
July 2012: Second meeting of the Expert Group and
presentation of preliminary results
July- December 2012: Drafting and finalization with a view
to presentation of the study to the Crime Commission in
April 2013
Thank you
steven.malby@unodc.org
cybercrime@unodc.org