the council of europe convention on cybercrime: status quo and future challenges cristina schulman...
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The Council of Europe Convention on Cybercrime: status quo and future challenges
Cristina SchulmanCouncil of EuropeStrasbourg, France Tel [email protected]
www.coe.int/cybercrime
TAIEX Seminar on Fight against cybercrime (8-9 October 2009, Bucharest)
Standards: Convention on CybercrimeProtocol on Xenophobia and RacismConvention on the Protection of Children against Sexual Exploitation and Sexual Abuse
Future development:Cybercrime Convention Committee (T-CY)
Implementation:Project on Cybercrime (Phase 1)Project on cybercrime (Phase 2)
Council of Europe action against
cybercrime
The approach against cybercrime
The Council of Europe Convention on Cybercrime
Elaborated by the Council of Europe with the participation of Canada, Japan, South Africa and the USA
Total number of signatures not followed by ratifications:
20
Total number of ratifications/accessions: 26
5 countries (Costa Rica, the Dominican Republic, Mexico, Philippines and Chile) have been invited to accede
In 2001 the Convention was adopted/opened for signature and entered into force on 1.07.2004
• Art 36 - Signature and entry into force (open to member States and non-members which have participated in its elaboration)
• Art 37 - Accession (any State may accede following majority vote in Committee of Ministers and unanimous vote by the parties entitled to sit on the Committee of Ministers)
Ratified (26): Signed (20): Not signed (5 CoE member States): Invited to accede (4):
Albania ArmeniaBosnia and Herzegovina Bulgaria Croatia Cyprus Denmark EstoniaFinland FranceGermany (2009)Hungary Iceland Italy Latvia LithuaniaMoldova (2009)Netherlands Norway Romania Serbia (2009)Slovakia Slovenia FYROM UkraineUnited States of America
AzerbaijanAustriaBelgium CanadaCzech RepGeorgiaGreece Ireland JapanLiechtensteinLuxembourgMaltaMontenegroPoland PortugalSouth Africa SpainSweden Switzerland United Kingdom
AndorraMonaco Russian FederationSan MarinoTurkey
Costa Rica Dominican RepublicMexicoPhilippinesChile
Status of signatures and ratifications of the Convention on Cybercrime
Why Council of Europe Convention on cybercrime?
The only multilateral treaty dealing with cybercrime matters already implemented in many countries while others are taking into consideration to become Party
A guideline for drafting the legislation on cybercrime Provides important tools for law enforcement to investigate cybercrime Ensure adequate protection of human rights and liberties according to the relevant international
documents Flexible mechanisms to avoid conflicts with national legislations and proceedings
CC provides for countries: Coherent national approach to legislation on cybercrime Harmonisation of criminal law provisions on cybercrime with those of other countries Legal and institutional basis for international LE and judicial cooperation with other parties Participation in the Consultations of the Parties The treaty as a platform facilitating public-private cooperation
Convention provides global standards and a framework for an effective fast international cooperation
Project on cybercrime (phase 2)
To promote broad implementation of the Convention on Cybercrime (ETS 185) and its Protocol on Xenophobia and Racism (ETS 189) and related international standards Legislation and policies: Cybercrime policies and legislation strengthened in accordance with the Convention on Cybercrime and its Protocol International cooperation: Capacities of 24/7 points of contact, high-tech crime units and of authorities for mutual legal assistance strengthenedInvestigation: Law enforcement – service provider cooperation in the investigation of cybercrime improved on the basis of the guidelines adopted in April 2008Financial investigations: enhanced knowledge among high tech crime units and FIUs to follow money flows on the internet and stronger cooperation between financial intelligence and investigation units, high-tech crime units and the private sectorJudges and prosecutors: Training for judges and prosecutors in cybercrime and electronic evidence institutionalisedData protection and privacy: Data protection and privacy regulations in connection with cybercrime investigations improved in line with Council of Europe and other relevant international standardsExploitation of children and trafficking in human beings: Enhanced knowledge of standards against the sexual exploitation and abuse of children and trafficking in human beings on the internet
Funding: Romania, Microsoft, McAfee
1 March 2009 – 30 June 2011
Convention presented for more than 150 countries in different meetings “Legislative profiles” prepared for more than 90 countries that served as bases
for regional/country-specific legislative workshops and helped sharing good practices
More than 100 countries around the world have cybercrime legislation in place or are in process of preparing legislation using the Convention as a guideline or “model law”
Legislative reforms continue in many countries, often with the support of the project
Demands for assistance are increasing A training concept on cybercrime for judges and prosecutors 50 countries signed/ratified/invited to accede the treaty; becoming full parties will
greatly enhance the value of the Convention as a framework for international cooperation
Project promoted the creation of 24/7 points of contact in a number of countries Cooperation with a large number of public and private sector stakeholders which
enhances markedly the impact of this project
Project achievements
ROMANIA
Convention on Cybercrime
Romania ratified the Convention on Cybercrime in 2004 and recently its Additional Protocol CoE assistance: legislation and training
Current legislation fully implements the provisions of the Convention Ro legislative country profile used as an example in many events
Relation with the Project on cybercrime (phase 1 and 2) contribution to the Project providing experts (MJ, DIICOT, MI)
Studies: August 2008 - National legislation implementing the Convention on Cybercrime -
Comparative analysis and good practices (23 European countries and 9 non-European countries)
March 2008 - The effectiveness of international co-operation against cybercrime – examples of good practice
April 2009 - The functioning of 24/7 points of contact for cybercrime
Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
Romania
A major concerns that weaken the credibility of this important treaty in other regions of the world: 22 CoE member States (including 12 EU countries) have not yet ratified the Convention 5 member States (Andorra, Monaco, Russian Federation, San Marino and Turkey) have not yet signed it
Strategic goals: Global implementation of the Convention on Cybercrime and its protocol on xenophobia and racism, of the
Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS 201)
Project priorities: Policy dialogue with CoE member States in view of signatures and ratification of the Convention on Cybercrime Legislation – Continued support to the strengthening of legislation and the process of ratification/accession to
the Convention on Cybercrime in particular with regard to CoE member States and countries already invited to accede
Judicial training – Completion and subsequent dissemination of the judicial training concept as well as completion of the training manual and the delivery of training seminars
Criminal money – Launching of the typology exercise on criminal money flows on the internet Children – Completion of the analysis of substantive criminal law provisions on the protection of children from
sexual exploitation and abuse, and activities to promote the Convention on the Sexual Exploitation and Sexual Abuse of Children (CETS 201)
Octopus Interface conference (March 2010)
Convention on cybercrime – future challenges
The conditions for further global impact of this project are
already created: clear standards of reference to work towards subject matter expertise momentum created in and requests for assistance from many countries a vast network of contacts and expertise, good cooperation with other organizations and stakeholders support by the private sector and credibility among stakeholders across sectors
and regions
Further contributions are necessary to ensure the continuation of project activities.
Project on Cybercrime
