The Convention on Cybercrime of the Council of Europe

Transcription

1 2 nd WSIS Action Line C5 Facilitation Meeting Geneva, May 2007 Session 5: PGC Focus Area Legal Frameworks and Enforcement Special session The Convention on Cybercrime of the Council of Europe A framework for national action and international cooperation against cybercrime Alexander Seger Council of Europe Strasbourg, France Tel alexander.seger@coe.int 1

2 1 Introduction Cybercrime is international crime requiring global cooperation Purpose of this session To encourage countries to enact legislation in line with the Convention on Cybercrime consider accession to this treaty 1. Introduction 2. Overview of the Convention 3. Status of implementation 4. Examples 5. The way ahead 2

3 About the Council of Europe Strategy against economic crime THE RATIONALE in order to promote democracy rule of law human rights Measures against economic and organised crime Established in 1949 Currently 47 member States 3

4 Why take action against cybercrime? WSIS Action Line C5/Geneva May 2007 Put cybercrime in context: Measurable increase in cybercrimes (phishing, botnets etc) More cybercrimes for economic gain Increase in hate, racism, violence websites Software piracy Child pornography More organising for cybercrime Cyberlaundering Cyberterrorism = Cybercrime: low risk and many opportunities = Societies around the world highly dependent on ICT and thus highly vulnerable In 2007, 1 billion+ Internet users worldwide. Probably 99.9% use ICT for legitimate purposes Need to balance concerns for security and fundamental rights and freedoms 4 4

5 The legislative response to cybercrime Criminalise certain conduct - substantive criminal law Give law enforcement/criminal justice the means to investigate, prosecute and adjudicate cybercrimes (immediate actions, electronic evidence) - criminal procedure law Allow for efficient international cooperation - harmonise legislation, make provisions and establish institutions for police and judicial cooperation, conclude or join agreements 5

6 2 The Convention and the Protocol Council of Europe Convention on Cybercrime (ETS 185) + Additional Protocol on racism and xenophobia committed through computer systems (ETS 189) 6 6

7 3 Implementation current status Implementation is feasible, examples of good practice available: Convention on Cybercrime (ETS 185) - 19 ratifications + 24 signatures so far Protocol on Xenophobia and Racism (ETS 189) - 10 ratifications + 21 signatures The Convention is becoming a global instrument: signed by Canada, Japan, South Africa, ratified by USA accession of non-european countries: Costa Rica and Mexico have been invited. Discussions with other countries 7 7

8 Progress in the implementation of selected CoE treaties WSIS Action Line C5/Geneva May 2007 y1 y2 y3 y4 y5 y6 y7 Cybercrime Money Laundering Corruption Criminal Law MLA 2nd Protocol Opened Entry into Ratifications (accumulated) force Total May 2007 Y 1 Y 2 Y 3 Y 4 Y 5 Y 6 Y 7 Y 8 Y 9 Convention on Cybercrime (ETS 185) Nov 2001 Jul Convention on Laundering, Search, Nov 1990 Sep Seizure and Confiscation of the Proceeds from Crime (ETS 141) Criminal Law Convention against Jan 1999 Jul Corruption (ETS 173) 2 nd Additional Protocol to the Convention on Mutual Legal Assistance in Criminal Matters (ETS 182) Nov 2001 Feb

9 Ratified: Albania Armenia Bosnia and Herzegovina Bulgaria Croatia Cyprus Denmark Estonia France Hungary Iceland Lithuania Netherlands Norway Romania Slovenia The former Yugoslav Republic of Macedonia Ukraine United States of America Invited to accede: Costa Rica Mexico WSIS Action Line C5/Geneva May 2007 Signed: Austria Belgium Canada Czech Rep Finland Germany Greece Ireland Italy Japan Latvia Luxembourg Malta Moldova Poland Portugal Serbia Slovakia South Africa Spain Sweden Switzerland United Kingdom 9

10 4 Examples of implementation 10 10

11 5 The way ahead Require support to the development of legislation? Contact Council of Europe Review of current or draft legislation Workshops/meetings to discuss and provide advice Consider accession to the treaty (Art. 37)? Request Secretariat of the Council of Europe to consult with Parties 11 11

12 Support to the development of legislation - examples Currently working with Brazil, Egypt, India, Philippines and many European countries Contributing to the work of ASEAN, APEC and ITU Coming up: Regional UNDP workshop on cybercrime for prosecutors of Arab countries (Morocco, June 07) Regional ITU/UNODC/CoE workshop on cybercrime for countries of Asia and Pacific (Hanoi, August 07) Preparation of legislative profiles on cybercrime 12 12

13 Octopus Interface Conference Cooperation against Cybercrime (11-12 June 2007, Strasbourg, France): Coming up Implementation of the Convention and its Protocol Update Cybercrime: situation analysis and identification of new threats Initiatives of other organisations and stakeholders Effectiveness of cybercrime legislation Public-private partnerships International cooperation and the functioning of 24/7 points of contact (see for further information and registration) This will be followed by the Cybercrime Convention Committee on June 13 13

14 Thank you for your attention. Tel Fax