Sri Lankan Perspective in Meeting the Cyber Crime Challenge

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    Sri Lankan perspectivein meeting the

    Cyber crime challengeby

    Lal DiasChief Operating Officer,

    Sri Lanka CERT

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    Role of Cyber systems in Sri Lanka

    e-Sri Lanka Development Initiative

    Multi-faceted program

    Objectives Bridge digital divide

    Improve delivery of public services Increase competitiveness of private sector

    Accelerate social development

    Poverty reduction

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    e-Sri Lanka Development Initiative

    Major Programs of e-Sri Lanka ICT Policy, Leadership & Institutional Development

    Information Infrastructure

    Re-engineering government ICT Human Resources Capacity Building

    ICT Investment & Private sector Development

    E-Society

    ICT Agency of Sri Lanka established tospearhead the e-Sri Lanka DevelopmentInitiative

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    e-Sri Lanka Development Initiative

    ICT Policy, Leadership & Institutional Development Program

    Information Infrastructure

    e-Laws Project

    Electronic Transactions Act No. 19

    Sri Lanka Computer Crimes Act No. 24

    e-Leadership Development Project

    Sri Lanka CERT Project

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    e-Sri Lanka Projects

    e-Laws Project

    Electronic Transactions Act No. 19

    Law to enable validation of e-Commerce, e-Signature and e-Contracting

    Sri Lanka Computer Crimes Act No. 24 Identification, Investigation and Enforcement of

    computer crimes

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    e-Sri Lanka Projects

    e-Leadership Development Project Develop a pool of champions to enforce security

    policies, monitor fraudulent activities and promote

    best practices

    Sri Lanka CERT Project National CERT mandated to protect Sri Lankas ICT

    infrastructure from attacks, be the single, trustedsource for information on cyber crime techniquesand coordinate efforts to handle Cyber crimeincidents

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    Conflict of Systems

    e-Sri Lanka introduces new challenges infighting cyber crime:

    TraditionalNew (due to e-Sri Lanka)

    Police Investigation Team-CID-NIB

    Existing Penal Code

    Traditional Reportingmechanisms

    SLCERT Forensics Team SLCERT Incident Handling

    Computer Crimes Act E-Transactions Act

    New reporting mechanisms

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    12%

    41%

    23%

    12%

    0%0%

    12%

    Hacking

    Publishing Information without consent (Sexual Harrassment)

    Impersonation

    Hacking Addresses & Attempted cheats

    Pornography

    Violation of Intellectual Property ActCheating

    Cyber crime in Sri Lanka: 2007

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    Cyber crime in Sri Lanka

    Prosecution of Cyber crime cases

    25

    22

    0

    75

    78

    0

    0

    0

    24

    0

    0

    76

    0 20 40 60 80 100 120

    2005

    2006

    2007

    Successful Dismissed Pending Uninves tigated

    Total Cases: 9

    Total Cases: 4

    Total Cases: 17

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    Computer Crimes Act

    Timeline

    1995: Work started by CINTEC Law Committee

    1997: Working paper on Computer crime Act submitted Decision to be made: Develop provisions for prosecution

    of cyber crimes under existing penal code OR develop aSubject specific law?

    2000: decision to develop Subject specific legislation

    2005: Bill finalized and presented in Parliament

    2006: Further review by Parliamentary committee

    2007: Passing of bill in parliament

    Computer Crime Act currently not enforced fully

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    Computer Crimes Act

    Features

    Provides clear structure for conducting of investigations andjurisdictions

    Provides distinct cyber crime categories and the correspondingparameters under which a case may be prosecuted, includingmaximum or minimum applicable penalties

    Use of Generic terms, so that even if technology changes, thenature of the crime will remain the same (example: phishing,vishing & phaxing)

    Provision of Cross Extradition arrangement with Council ofEurope signatories. Increased ability to prosecute cases beyondSri Lankas borders

    Clear statement of Resources that would be brought to bear onthe case, including, among others, experts.

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    Computer Crimes Act

    Cyber crime Categories

    Computer-related offenses

    Computers used as tools for criminal activity

    (Theft, fraud)

    Hacking

    Activities which affect CIA of computer system or network(includes viruses and other malware)

    Content related offenses

    Computers with Internet access used to distribute illegal data

    (copyright infringement, pornography)

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    Computer Crimes Act

    Parameters

    Unauthorized Access

    Unauthorized Access in order to commit an offence Causing a computer to perform functions without

    lawful authority

    Offenses committed against national security

    Dealing with unlawfully obtained data Illegal interception of data

    Use of an illegal device

    Unauthorized disclosure of information

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    Computer Crimes Act: Penalties

    ParameterJail Term

    (Years)

    Fine

    (Rupees)Or Both?

    Unauthorized Access 5 100K Unauthorized Access tocommit offense

    5 200K Function without Lawfulauthority

    5 300K Offenses Against National

    Security

    5 -

    Unlawfully obtained data 0.5 3 100K 300K Illegal interception 0.5 3 100K 300K Use of illegal devices 0.5 3 100K 300K Unauthorized disclosure 0.5 3 100K 300K

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    Identificationof Cyber Crimes

    Limited reporting of crime Lack of trust in reporting methods

    No guarantee of confidentiality

    Verifying reports/Authenticity of Reports Genuine report or prank?

    Due diligence Reporting of crimes found at workplace. Professional

    obligation vs. Personal inconvenience

    CHALLENGES

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    Investigation of Cyber Crimes

    Gathering of evidence Maintaining admissibility of evidence

    Lack of proper structure for cooperation betweeninvestigating organizations

    Poor system for maintenance of chain of custody

    Weight of Digital evidence in court Lack of understanding of importance of digital evidence

    Lack of Legal professionals conversant with CCA

    Jurisdiction NIB, CID, other organizations (SLCERT, TechCERT, etc)

    CHALLENGES

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    Case study 1:

    A Foreign National publishedfalse information regarding thesale of DVD players online

    Online payments credited to Standard Chartered Bank

    Account

    Funds withdrawn by offender who left country

    DVD Players not delivered

    Suspect arrested upon return to Sri Lanka, fined anddeported

    Problem:Waiting for suspect to return to Sri Lanka. Lack of

    extradition arrangements.

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    Case study 2:

    Superimposing nude images on a picture of a BuddhaStatue (causing offense)

    Investigated by CID Cyber Crimes Unit

    NGO employee arrested

    Convicted and sentenced to 3 Years imprisonment,suspended for 3 years

    Problem:Leniency in sentence and enforcement of sentence.Much stronger penalties allowed for under CCA

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    Future plans for cyber crime fighting

    Build a defined structure and working relationshipbetween organizations concerned with cybercrime

    AGs Department

    Police Force

    NIB

    CID

    Cyber crimeReporting Centres

    Sri Lanka CERT International CERT Community

    International Police Community

    International Judicial CommunityInter-Governmental Relationships

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    Future Plans

    Identification

    Building and maintenance of Cyber Crime Reporting

    Centres

    Additional secured reporting channels (E-mail, Web)

    Protection of Confidentiality through Information

    Security Measures

    Raises trust

    Expected Outcome: Reporting of more cases

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    Future Plans

    Investigation

    Develop a Digital Forensics Lab, Larger Forensics team to

    handle increase in cases

    Develop clear Chain of Custody procedures

    Build contacts with Foreign Police forces to increase skills

    available in investigating complex, cross-border cases andforensics knowledge

    Expected Outcome: Increased number of successfullyprosecuted cases

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    Future Plans

    Prosecution

    Run Awareness Programs for the local judiciary to raiseawareness of Computer crimes (attack techniques,

    potential damage, etc) and the provisions of the ComputerCrimes Act (CCA)

    Build a pool of IT Savvy Legal professionals able toprosecute cases under the CCA

    Increase number of countries with which Sri Lanka hasExtradition Treaties through Government intervention

    Expected Outcome: Increased number of successfully prosecuted

    cases

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    THANK YOU