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March 2002
International law on computer crime AGENDA 1. CASE (Favorite Topic) 2. International Law Problems
International law on computer crime Dmitry Sklyarovs CASE 27-year-old Russian citizen
Ph.D. student studying cryptography
Created Advanced eBook Processor that allows translating secure eBook format into regular PDF
Arrested in July 2001 in Las Vegas and charged with distributing a product designed to violate copyright protection measures
Later released on bail and returned to Russia in December 2001 after agreeing to cooperate with the US The charges have not been dropped
Believed did nothing wrong Why did he have to get to the US to be arrested? Unfortunately, international laws (if they exits in the particular countries) often collide
Whats in a name?
Email address: @mail.com @yahoo.com @me.tv Domain names: dot com IP addresses They are not indicative of anything dot edu dot org
Cyber Criminal A, citizen of country B and resident of country C, commits a cyber crime in country D through the IP and email address of country E
International law on computer crime International Law Problems Even assuming the basic laws are in place
agencies will have to deal with extradition collective evidence to transfer to foreign
agency. Language and cultural barriers admitting evidence from foreign countries
Theft
In physical world - is someones taking property belonging to another with the purpose of depriving the lawful owner of that property
In cyberworld - it involves the theft of property (software, hardware) or the theft of services (internet server time and resources, computer services, e.g. CPU resources and bandwidth for DoS attack)
Fraud
In physical world - use false statements and misrepresentations to persuade the victim to part with property or other valuables voluntarily
In cyberworld - online fraud schemes are simply a variant of traditional fraud schemes and liability may be imposed by using the traditional elements. Very important for the counties that do not have special cybercrime
Forgery
In physical world - altering and/or using a document for the purpose of defrauding someone
In cyberworld - computer is used to alter create a false written or electronic document. In addition, deleting a computer document such as data file
Stalking
In physical world - repeatedly following or being in another persons presence for no lawful reason and with purpose of causing death or bodily injury to that person of causing emotional distress by placing him or her in reasonable fear of death or bodily injury
In cyberworld - cyber stalkers never directly threaten to victims, use tactics that harass their victims - recall the hackers video - I will be watching yooooooouuuuuuuu!!!!!!!!!
The transportation of terrorist activities to cyberspace: using computer technology or cyberspace to commit crimes in order to advance political agenda The US, as the worlds technological superpower, is the most vulnerable nation in the world to cyberattack May disrupt communication and paralyze economy
Transient Electromagnetic Device - bursts of energy weapon of choice to the modern cyber warrior ($300)
There is no international cyberterrorism laws
Intended to be the first ever international treaty to address criminal law and procedural aspects to various types of criminal behavior directed against computer systems, networks or data and other types of similar misuse
Approved in September 2001 Opened for signature by member states at an international conference in Budapest staring November 2001
system interference
misuse of devices including computer program, password, access code or similar data by which any part of a computer system is capable of being accessed including possession of any such items unauthorized access
Albania, Armenia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, Macedonia, Ukraine, UK
Non-member States of the Council of Europe: Canada, Japan, South Africa, USA Recall the case. Do we see Russia here?
Australia - unlawful access or storage of data with no harm: 6 months, access of Commonwealth computers or more serious crime: 2 years Austria - any computer crime: fine up to $260,000
Belgium - unlawful access with no harm: 6 months - 1 year, with harm: 6 m - 3 years, more severe - up to 5 years Brazil - from 2 to 12 years Canada - up to 10 years
China - fine of 5,000 yuan for individuals and 15,000 for organizations. All income should be confiscated
Israel: up to 3 years
US: the largest and most complicated legislation - up to 20 years
Fdg
Interpol www.interpol.int
Fight Information Technology Crime (ITC) Decided dont re-invent the wheel Uses the expertise of its members in ITC area
Asia
America Africa
Interpol www.interpol.int
European Working Party on ITC: formed in 1990 (most EC countries)
Interpol www.interpol.int
American Working Party on ITC: Canada, US, Argentina, Chile, Columbia, Jamaica, the Bahamas - follow the European Model African Working Party on ITC: South Africa, Zimbabwe, Namibia, Uganda, etc - offer basic training courses Asia-South Pacific Working Party on ITC: Australia, China, Hong-Kong, India, Japan, Nepal, Sri Lanka - follow the European Model All their activities are coordinated by The Steering Committee
Interpol www.interpol.int
The idea of Interpol IT Crime committee
to streamline the individual efforts of the member countries by avoiding unnecessary duplication and waste of human and financial resources too early to talk about a uniform international cybercrime law
www.cops.org - Intl Association of Computer Investigative Specialists cybercrimes.net Univ of Dayton Law School HierosGamos computers and the law research center
HG.org
conventions.coe.int Convention on Cybercrime of Council of Europe
Convention on Cybercrime by the Council of Europe is the first international computer crime related document Interpol is watching you!
Dont break the law!!!
Questions?