PITA’12

Norfolk Island

17 April 2012

Cybercrimes - Introductory PPT

Muhammad Aslam Hayat Director

Impact of Information Technology

• Development of IT has changed our

– societies

– commerce

– lifestyle (communication, working, shopping)

• This creates considerable legal problems in many areas

• Its more important than ever to legislate on computer or cyber crime

Crimes relating to computers

Definitions

• Computer crimes

• Cyber Crimes

• Electronic crimes

Characteristics

• traditional & new criminal activities

• transnational

Problems

• unreported

• lack of training

Role of Computer in Crime

Computer as Target

• Using a Computer to attack victim computers

• Attacks on the confidentiality, integrity or availability of information or systems

Computer as Tool

• Fraud

• Gambling

• Pornography

• Piracy

• Harassment

Computer as Accomplice

• Personal information (diaries, downloaded e-mails)

• Contraband (porn)

• Stolen Information (trade secrets, credit cards)

• Key evidence unknown to suspect!!!

Cyber-criminals

Insider threats (employees)

Hackers (teenage thrill-seekers to sophisticated criminals)

Hactivists (overloads e-mail servers or

hack web sites to send

political message)

Virus writers Criminal groups

(attack systems & steal password for financial gain)

Sensitive intrusions (sensitive information is obtained via computer

intrusions)

Information warfare (alternative to military

attacks)

Terrorists (who have potential to

disrupt government systems with computer attacks)

Cyber Warfare (attack by sovereigns ---

Crime or Declaration of war)

Jurisdiction in “Real” World

governing law

jurisdiction forum

conveniens enforcement of judgments

Transnational Crime

determining the locus

delicti

Trans-border investigation

jurisdictional conflicts

extradition

Challenges for legal regime

Can we adapt existing law to cyberspace?

Do we need new legislation?

• Problem comes when very idea of jurisdiction, based on geographic boundaries, is difficult to apply to Internet which does not recognize geographical distinctions

What are options other than legislation?

• International/regional treaties

• International convention

• Development by system operators and Internet users of "rules" for behavior on Internet?

• Options available to individuals to regulate their conduct on a private basis - through contracts, private associations, custom etc.

International efforts

1977 • First comprehensive proposal for computer crime legislation

was introduced in US Congress by Senator Ribikoff in 1977

1983 • Recommendations of expert committee of OECD in Paris in

1983 to ensure legislation for certain categories of computer crime

1986 • OECD ‘Computer-Related Crime’ Report 1986

1989 • Council of Europe Recommendation R(89) 9 on computer

misuse

1990-92

• Discussed at 13th Congress of International Academy of Comparative Law in Montreal in 1990, at UN’s 8th Criminal Congress in Havana 1990, and at a Conference in Wurzburg, Germany in 1992

International efforts

1995 • Council of Europe Recommendation R(95) 13 (“problems of procedural

law connected with information technology”)

1995-2000 • Interpol organized its International Conference on Computer Crime in

1995, 1996, 1998, and 4th Conference was held in 2000

2001 • Convention on Cyber-Crime 2001

2007 • ITU launched the Global Cybersecurity Agenda (GCA) in May 2007 by

the Secretary General

2008 • ITU's High Level Experts Group delivered Report with

recommendations, including on cybercrime legislation, in August 2008

2011 • ITU in 2011 published a book: Understanding Cybercrime: Phenomena,

Challenges and Legal Responses, by Professor Marco Gercke, Germany

Convention on cyber crime

30 states sign Convention at opening ceremony at Budapest, on 23.XI.2001

First international treaty on cyber crimes, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security

Contains a series of powers and procedures such as search of computer networks and interception

Main objective is to pursue a common criminal policy aimed at protection of society against cyber-crime, especially by adopting appropriate legislation and fostering international co-operation

Convention is product of four years of work by experts of Council of Europe, United States, Canada, Japan and other countries which are not members of the Organization

Approaches of Various Countries (sometime back)

No special legislation

• Argentina

Amendments in penal laws

• Australia

Special laws

• Singapore

When I was drafting e-crime law

Objectives of cybercrime legislation

to deter actions directed against

• confidentiality

• integrity

• availability of computer systems

• networks

• data

• misuse of such systems, networks and data

to combat such criminal offences, by facilitating

• detection,

• investigation

• Search & seizure

• prosecution of such criminal offences

Possible offences

Attempt and aiding or abetting

Corporate liability

Criminal access

Criminal data access

Cyber stalking

Cyber Terrorism

Data damage Defamation Forgery Fraud

Malicious code

Misuse of devices

Misuse of encryption

Obscenity Phising

Spamming System damage

Traditional crime

Unauthorized access to

code

Unauthorized interception

Waging cyber war

Investigation & International cooperation

Investigations by Investigation Officer

Power of Investigation Officer to access

computer and data

Expedited preservation of evidence

Real-time collection of traffic data

Trans-border access International co-

operation

Territorial scope of offences

Next Steps

Basic information to computer users

Training of IOs, lawyers, judges

Center of Excellence on Information Security

Establish Computer Forensic Lab

Prepare investigation kit & instructions

Convince Government for Legislation

Promote Cyber-computer ethics

Don’t discourage this

Thank You