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    ITU Toolkit For Cybercrime Legislation

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    palashpatangia
    The document discusses the ITU Toolkit for Cybercrime Legislation Project. The project aims to develop a toolkit to help harmonize cybercrime laws globally and assist developing countries in establishing legal frameworks. It involves experts from various countries working in groups to analyze cybercrime laws and draft model legislation. The goal is to complete a first draft by December 2008. The toolkit will then be available to help developing countries pass cybercrime laws.

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    ITU Toolkit For Cybercrime Legislation

    Uploaded by

    palashpatangia
    91 views20 pages
    The document discusses the ITU Toolkit for Cybercrime Legislation Project. The project aims to develop a toolkit to help harmonize cybercrime laws globally and assist developing countries in establishing legal frameworks. It involves experts from various countries working in groups to analyze cybercrime laws and draft model legislation. The goal is to complete a first draft by December 2008. The toolkit will then be available to help developing countries pass cybercrime laws.

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    The document discusses the ITU Toolkit for Cybercrime Legislation Project. The project aims to develop a toolkit to help harmonize cybercrime laws globally and assist developing countries in establishing legal frameworks. It involves experts from various countries working in groups to analyze cybercrime laws and draft model legislation. The goal is to complete a first draft by December 2008. The toolkit will then be available to help developing countries pass cybercrime laws.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    91 views20 pages

    ITU Toolkit For Cybercrime Legislation

    Uploaded by

    palashpatangia
    The document discusses the ITU Toolkit for Cybercrime Legislation Project. The project aims to develop a toolkit to help harmonize cybercrime laws globally and assist developing countries in establishing legal frameworks. It involves experts from various countries working in groups to analyze cybercrime laws and draft model legislation. The goal is to complete a first draft by December 2008. The toolkit will then be available to help developing countries pass cybercrime laws.

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    Attribution Non-Commercial (BY-NC)
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    of 20

    ITU Toolkit for Cybercrime Legislation

    Project Overview
    November 2008 Jody R. Westby Chair, ABA Privacy & Computer Crime Committee CEO, Global Cyber Risk LLC

    For more information on the ITU Toolkit for Cybercrime Legislation Project see project website at:
    www.itu.int/ITU-D/cyb/cybersecurity/projects/cyberlaw.html or e-mail [email protected]
    International Telecommunication Union

    International Legal Landscape


    Cybercrime, Privacy & Cyber Security Are Global Issues 233 Countries Connected to Internet; 1.5 Billion Online Users Cybercrime, Privacy & Security of Information Infrastructure Important to National & Economic Security Interests & Public Safety Industrialized Countries Addressing; Developing Countries Lagging International Legal Framework Highly Inconsistent Cyber Security Investigations & Response Impacted by Legal Differences in Cybercrime Laws

    22

    Cybercrime Laws Protect Citizens


    Help Protect Freedom of Expression, Human Rights, & Other International Rights Enhance Statutory & Constitutional Rights (rights to privacy, protections on search/seizure & selfincrimination) Help Ensure Citizen Use of ICTs, Access To & Exchange Of Information Strengthen Consumer Confidence Against Fraud

    33

    Cybercrime Laws Important to Developing Countries


    Confidentiality, Integrity, & Availability of Data & Networks Central to Attracting Investment and ICT Operations Protect Integrity of Government & Reputation of Country Instill Market Confidence & Certainty Regarding Business Operations Provide Protection for Protected Information & Facilitate CrossBorder Data Flows Protect Consumers & Assist Law Enforcement, Intelligence Gathering Deter Corruption & Fraud Increase National Security & Reduce Vulnerabilities Provide a Means for Prosecution and Civil Action for Cybercrimes Increase the Likelihood Electronic Evidence Will be Obtained
    44

    Cybercrime Laws Important to All


    Substantive Provisions Can Raise Conflict of Laws Issues Procedural Provisions Can Impede Investigations, Impair Use of Evidence Search & Seizure of Electronic Evidence Needs Consistency Mutual Assistance Needed for Tracking & Tracing, Investigations Jurisdictional and Extradition Issues Can Be Problematic

    55

    Consistent International Legal Framework is Emerging


    UN, G8, OECD, Council of Europe are Global Leaders CoE Convention on Cybercrime European Union Ministers of Justice adopted the Proposal for a Council Framework Decision on Attacks Against Information Systems on March 4, 2003 United States, Other Developed Nations

    66

    Areas With Need for Harmonization


    Definitions Jurisdictional Provisions Substantive Provisions Procedural Provisions Mutual Assistance

    77

    Definition & Scope


    Vary in Definition, Form, and Penalties Industrialized Nations Laws Protect Computer & Communication Systems and Data Transiting & Residing In These Systems Cybercrime Laws Generally Apply To: Use of computers & Internet for illegal purposes (viruses, hacking, unauthorized acts) Crimes against communication systems Crimes facilitated by the use of a computer Wiretap, pen register, and trap and trace laws to protect privacy and facilitate investigations
    88

    Jurisdictional Issues
    Possible for Cyber Criminal to be Physically Located in One Country, Weave an Attack Through Multiple Countries & Computers, and Store Evidence on Servers in yet Another Country Victims May be All Over Globe, Jurisdiction Questionable Internet Borderless but Law Enforcement Must Stop at Borders Substantive & Procedural Laws of Countries May Conflict, Creating Evidentiary Issues Letters Rogatory & Multilateral Assistance Treaties (MLATs) Dual Criminality Requirements Very Problematic Needs to be Way to Secure Extradition; Extradition Treaties One Method
    99

    Substantive Provisions
    Unauthorized Access to Computers, Networks, Data Interference and Disruption System Interference Interception of Traffic Data,Content Malware & Misuse of Computers, Programs, Passwords Digital Forgery & Digital Fraud Extortion Aiding, Abetting & Attempting Corporate Liability

    100 1

    Procedural Provisions
    Within Procedural Conditions & Safeguards Preservation of Stored Data, Traffic Data, Computers or Storage Media Production of Data Search and Seizure of Stored Data Interception of Traffic Data, Content Data Requirements May Vary: Upon Court Order, Search Warrant, Subpoena

    111 1

    Mutual Assistance
    Cyberspace Has No Borders, But Law Enforcement, Diplomats, & Investigators Do Interpol and Europol are Important Global Links Interpol & Europol Do Not Investigate: Passes Requests from Country to Country Interpol has National Central Bureaus in Each Country Investigation, Information Sharing, Search & Seizure

    122 1

    Judicial & Statutory Common Protections for Live Interceptions


    Approval Should Be Obtained from Independent Official (Judge) Based on Written Application and Manifested in Written Order Approval Should Be Granted Only Upon Strong Factual Showing of Reason to Believe That the Target of the Search is Engaged in Criminal Conduct & Less Intrusive Methods Not Adequate Each Surveillance Order Should Cover Only Specifically Designated Persons or Accounts; Generalized Monitoring Should Not Be Permitted Rules Should Be Technology Neutral Scope & Duration of Interception is Limited to Only What is Necessary to Obtain Evidence In Criminal Investigations, Those Who Have Been Subject of Interception Should be Notified When Investigation Concludes (Whether Charged or Not) Personal Redress or Suppression of Evidence at Trial is Provided for Violations
    133 1

    ITU Toolkit for Cybercrime Legislation Project


    American Bar Association Privacy & Computer Crime Committee (Section of Science & Technology Law) Produce Draft Law & Explanatory Comments Same/Similar Format as UNCITRAL Model Laws (Electronic Commerce & Electronic Signatures) ITU to Make Available to Developing Countries to Help Them Establish Legal Frameworks

    144 1

    Participants
    Multidisciplinary Industry, Policy Experts, Academicians, Government Personnel, Technical Experts, Attorneys) International Countries involved: Canada, Germany, India, Israel, Latvia, Japan, Mexico, Nigeria, Pakistan, Sri Lanka, United Kingdom, United States No Cost to Participate, Open to Interested Persons

    155 1

    Approach
    Develop Matrix of Provisions of Laws (Council of Europe + 10 Developed Nations) Comparative Analysis of Laws Working Groups by Topic Areas Teleconferences (Skype) & Email Drafting Toolkit & Explanatory Comments Review & Editing Across Working Groups First Draft Completion Date: 1 December 2008

    166 1

    Overall Project Goal: To Develop a Toolkit for Cybercrime Legislation that Will Promote Global Harmonization & Assist Developing Countries In Establishing Legal Frameworks for Cybersecurity
    17

    More Information
    ITU Global Cybersecurity Agenda (GCA) www.itu.int/osg/csd/cybersecurity/gca/ ITU-D ICT Applications and Cybersecurity Division www.itu.int/itu-d/cyb/ Cybersecurity Resources and Activities www.itu.int/ITU-D/cyb/cybersecurity/ Regional Workshop and Forums on Frameworks for Cybersecurity and Critical Information Infrastructure Protection www.itu.int/ITU-D/cyb/events/ Cybersecurity Publications www.itu.int/ITU-D/cyb/publications/

    188 1

    More Information (contd)


    ABA Privacy & Computer Crime Committee Publications International Guide to Combating Cybercrime International Guide to Privacy International Guide to Cyber Security Roadmap to an Enterprise Security Program FREE to people in developing countries: Send email to [email protected] ITU Toolkit for Cybercrime Legislation www.itu.int/ITU-D/cyb/cybersecurity/projects/cyberlaw.html

    199 1

    Thank You!
    Jody R. Westby, Esq. +1 (202) 255 2700 [email protected]
    For more information on the ITU Toolkit for Cybercrime Legislation Project see: or e-mail [email protected]

    www.itu.int/ITU-D/cyb/cybersecurity/projects/cyberlaw.html

    International Telecommunication Union

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