CURRENT SITUATION OF CYBER CRIME IN MONGOLIA, ITS

ASSESSMENT

D.Sumayatseren /LLM/, Police Senior Lieutenant, Research worker of the Scientific and Technology Department of

Law Enforcement University

Our society where we are living today is getting more and more dependent on computer, telephone, cell phone or other electrical equipment. As information technology development is considered as a key power of economy, various types of activities, services, business or sales run their business in network, at the same time electronic organizations are opening door. Even Mongolian Government delivers service to the citizens through network.

HISTORY

When we turn the history page, we can see that we had our first computer called Tibelator in 1961 in Mongolia. This computer was supplied as Statistics agency request and it was considered as a first computer with program monitoring system. Later in 1986 PC, personal computers were getting used for every day activity. Just in 1994 our country Mongolia was registered as a country that uses internet.

Comparing to the other highly developed countries, our country is taking 102nd place out of 200 countries with the number of internet users. But recently Social Protection Service Center has done some research and determined that Mongolia has a less population than other countries, when we compare the population number to other countries, Mongolia should definitely take the first place with the great number of internet users.

Governmental and non-governmental organizations which run actively cyber safety and, its lines of the

activity

№ Organization name Direction of activity

1 National Security Council

To draft a systematic policy of the Information security

2 Communications Regulatory Commission

-To protect consumer rights and to supervise-Investigation, to receive and resolve complaints from the consumers, website management of organizations-special permission, standard and verification, technical problems with mutual connection, ordering, technical condition and requirement, technological development, internet or web-Radio frequency planning, technical monitoring, radio frequency management and dividend 

№ Organization name Direction of activity

3 Agency of Information technology, Posts, Telecommunications

-Novelize modern advanced techniques and technologies into the fields such as information technology, posts, telecommunications, space technology; to acclimatize advanced technologies, to implement technological innovations-To provide the environment to develop digital authority in Mongolia, to realize policies, strategy and to take measures related to the digital authority, to provide reliable information security

4 National DATA Center

-To keep and protect the state digital authority and information, and to provide its accessibility-To supply data integrity and safety of the state digital DATA, information and data

5 Mon CIRT To detect cyber attacks

6 Other

Mr. Khaltar.T a head of Mon CIRT:

• Our country is influenced of cyber-attacks over 30 thousand~100 thousand in a day. The 80% of these attacks are non-professional hackers to access company information and servers. Remain 20% are professional and harmful hackers, and they copy information of needed without any traces. At last few years, such as these attacks have increased in our country. Mostly, these attacks come from China. Next is from Russia. Continuously, from the USA, Taiwan, Korea, Japan and Brazil.

What is a Cyber-crime?

• It includes all types of crimes used by computers, network and internet. The cyber-crimes are sorted in following sections:

• anti an individual (virus, fiching, harassesment)• against the property (to damage one’s

property, to distribute harmful programs, etc..,)• anti the state (cyber terrorism, information

war)• The cyber-crimes are the conception with wide

contents compared with the definitions which were subjected in the articles of 226~229 of Criminal code of Mongolia.

Crimes anti safety of computer and information /2006-2011/

2006 2007 2008 2009 2010 20110

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Бүртгэгдсэн хэрэг

0In our country, some criminal cases which taken or attempted to take a large amount of money out of the Automated Teller Machines (ATM) of some commercial banks using fake visa card, perpetrated by citizens of Malaysia and Ukraine, were registered continuously since 2012. For instance, some citizens of Malaysia committed a crime which taken a large amount of money out of the ATM owned by our largest commercial banks, using fake visa card. This criminal case was quickly detected by agents of Criminal Police Agency. Generally, international media agencies inform that, there are lot of criminal groups which have well-qualified to the criminal cases to take money out of the commercial banks using fake visa card. Therefore, international banks have improved its safety and security systems, are can’t take money from the ATM by hackers. At last few years, the above-mentioned crimes are over coming into our country, and this is to certify that the safety and protection system of Mongolian banks is a bad condition. So, here are required to take immediately proper measures by the banks of Mongolia.

• Malaysian citizens arrested for illegal shopping in larger commercial centers of Mongolia, used fake visa card. By the investigation of this case This criminal case was quickly detected by agents of Criminal Police Agency. Generally, international media agencies inform that, there are lot of criminal groups which have well-qualified to the criminal cases to take money out of the commercial banks using fake visa card. Therefore, international banks have improved its safety and security systems, are can’t take money from the ATM by hackers  

The most cases of cyber-crime which are being committed in Mongolia, is currently made a verdict by the article 148 of Special Part, Law of Criminal Code of Mongolia, including to fraud crime. That is, there are not legal environment and subjected articles to resolve the above-mentioned crime.

Apart from it, there are cases to commit cyber-crime by our citizens, in overseas not only in domestic. For instance, our 3 citizens have been committed cyber-crime of taken repeatedly money out of the saving holders’ accounts which owned by the “Well Fargo” bank of Germany, as well as, our 2 citizens had done cyber-attack to the bank accounts of 8 owned by “NaiDunai”newspaper agency, and they caused damage of 900 thousand rupee is will be 17 thousand us.dollars.

Current Criminal Code of Mongolia, comparing with the subject which was indicated in the "Crime against Information safety“ of the project law "Law on Crime" which is being produced…….

№  CRIMINAL LAW  DRAFT LAW OF CRIME

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Article 226. Alteration, damage or destruction of the computer data or software

226.1 Causing a considerable damage by intentional alteration, damage or destruction of the data stored in a computer network or software, rendering its hardware impossible to use or destruction of a data network shall be punishable by a fine equal to 51 to 200 amounts of minimum salary, incarceration for a term of more than 3 to 6 months or imprisonment for a term of up to 2 years.

26.1 Illegally entering the computer data networkDesigning a computer software with a view of unauthorized deleting, or copying of the computer data, adding information shall be punishable by a fine 7 to 36 million amounts or imprisonment for a term of 1 to 5 years.

226.2 The same crime committed with lucrative purposes, by an organized group, by abusing one’s official post, or if it has entailed damage in a large or extremely large amount shall be punishable by a fine equal to 100 to 250 amounts of minimum salary or imprisonment for a term of more than 3 to 5 years.

№ CRIMINAL LAW  DRAFT LAW OF CRIME

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227. Illegally obtaining of the computer data

227.1 Copying of the data stored in a computer without permission or obtaining it in other ways as well as actual or attempted interception of the data transmitted through such shall be punishable by a fine equal to 1 to 100 amounts of minimum salary, incarceration for a term of more than 3 to 6 months or imprisonment for a term of up to 2 years.

26.2Preparation and sale of devices for illegally entering the computer data networkPreparation or sale of special software and technical devices for illegally entering a protected computer data network shall be punishable by a fine 7 to 36 million amounts or imprisonment for a term of 1 to 5 years.

227.2 The same crime committed with lucrative purposes, by an organized group, or if it has entailed damage in a large or extremely large amount shall be punishable by a fine equal to 200 to 250 amounts of minimum salary or imprisonment for a term of 3 to 5 years.

№  CRIMINAL LAW  DRAFT LAW OF CRIME

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Article 228. Preparation and sale of devices for illegally entering the computer data network

228.1. Preparation or sale of special software and technical devices for illegally entering a protected computer data network shall be punishable by a fine equal to 51 to 150 amounts of minimum salary, arrest for a term of more than 3 to 6 months or imprisonment for a term of up to 5 years.

Article 26.3. Designing, using and dissemination of harmful software1. Deleting, damaging, modifying and copying the data saved in the computer without any permission, making unavailable the equipment and network in which the data is saved, and specifically designing, using or dissemination of a software in order to turn over the normal operation shall be punishable by a fine of MNT 7-36 million or personal restraint for a term of 1 to 5 years or imprisonment for a term of 1 to 5 years.

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Article 229. Designing, using or dissemination of a computer virus

229.1. Designing a computer software with a view of unauthorized deleting, blocking alteration, or copying of the computer data, designing, knowingly using or dissemination of a computer virus shall be punishable by a fine equal to 5 to 50 amounts of minimum salary, 100 to 200 hours of forced labor or arrest for a term of 1 to 3 months.

229.2. The same crime if it has caused damage in a large or extremely large amount shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, arrest for a term of more than 3 to 6 months or imprisonment for a term of up to 5 years.

When compared to the articles 226 and 227 of the Criminal Code to the article 26.1 of a Draft Law on Crimes, the article 26.1 unified as a single article the two articles of the Criminal Code which are stated to consider as a crime all the operations to illegally encroach data. In other words, illegal encroach to the computer and protected database will be considered as a crime.

 

There is no content change in other articles.

Since 2006, when the time of Facebook was newly used through the worldwide, 547,000 people of our country have been registered in it. Otherwise, this means that one in six people use Facebook.

Recently, Mongolia has faced a new type of crime which involved the Asian people such as Philippines, Singapore and Malaise with using forgery Facebook address by communicating, exchanging information, and video-chatting with our citizens to use the their personal data in illegal ways. Those offenders somehow make any effort to contact and request a video- chat. Then, copy the chat-process and upload it in a website, for demanding loads of money with threatening to tell the process of chat to their friends and family.

CURRENT SITUATION IN MONGOLIA

• Legislation environment is not prepared • Information safety specialists are rare • Mongolia is not able to protect from cyber attacks and

respond them • Government didn’t invest any currency on the supplement

to information safety. field• Using the Internet is not supervised • There is not a government internal web page• Government organizations have a mixed net with the

Internet and Internal net, and are connected with different exits

• Government organizations have been using the wireless technology in internal connections

• No knowledge about the information safety.

CONCLUSION AND SUGGESTION• To fight cybercrimes the first issue is legislation

environment, next one is training specialists and the supplying tools and devices.

• It’s the time to solve this problem passing the complex laws on information security. That’s why appointed working team within Intelligence General Department has been working on projects of Supplying Information security law and Cyber security law and amendments to others laws.

• USA and North Korea lead fighting this crimes in the world. So we need to learn the fighting experiments of North Korea, work on projects researching of fighting officers, cyber-detectives, even though establish laboratory where can expert the crimes of this type.

• Cybercrime is unlimited by borders. For the revealing the crimes of this type is needed to international cooperation. So Mongolia is necessary to connect to Budapest Convention, passed in 2001 for fighting cybercrimes.