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UNODC

UNODC. Cybercrime – the Global Challenge Standards for the prevention and elimination of cybercrime. UNODC Cybercrime Mandates. 2009 : General Assembly Resolution 64/179 Explore ways and means of addressing cybercrime. 2010 : General Assembly Resolution 67/189

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UNODC

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  1. UNODC • Cybercrime – the Global Challenge • Standards for the prevention and elimination of cybercrime

  2. UNODC Cybercrime Mandates 2009: General Assembly Resolution 64/179 Explore ways and means of addressing cybercrime 2010: General Assembly Resolution 67/189 Comprehensive study on cybercrime 2011: Commission on Crime Prevention and Criminal Justice Resolution 20/7 General Assembly Resolution 65/230 Provide cybercrime technical assistance and training 2011: ECOSOC Resolution 2011/33 Produce a study facilitating the identification, description and evaluation of the effects of new information technologies on the abuse and exploitation of children Assess the needs of States for training in investigation of these offences Design a technical assistance programme to meet those needs 2013: Continued work on the study and strengthened partnerships

  3. The Global Challenge • Compared to the investigation, prosecution and adjudication of ‘conventional’ crimes (such as homicide or robbery), the involvement of a computer, mobile phone, or computer data in a crime event, presents at least three key challenges: • Access to evidence – Evidence of cybercrime exists in electronic form. • The lifetime of such evidence varies enormously • The physical location of evidence also varies. • Relevant evidence may be contained within vast quantities of non-relevant data, and that electronic evidence can be subject to encryption. • Handling evidence – Electronic evidence requires careful handling in order to ensure that it meets the necessary standards for use in court. • Identifying the perpetrator – The Identification of the perpetrator(s) can represent a significant challenge.

  4. UNODC Approach: The Global Programme on Cybercrime UNODC Global Programme on Cybercrime Objective: to assist developing countries to prevent and combat cybercrime through a global, sustainable and holistic approach

  5. International and regional instruments • National laws and policies • International cooperation International law increasingly recognizes that children deserve special protection. Combatting the problem States vary considerably in approaches to addressing forms of child abuse and exploitation. While many States criminalize acts such as production of child sexual abuse material, they may differ with respect to elements of the crime and definitions of “child”. Tools and mechanisms for international cooperation include mutual legal assistance treaties, direct law enforcement cooperation, multi-agency partnerships, forums for information-sharing and informal direct law enforcement cooperation.

  6. Specific tools can be employed for detection and investigation: digital forensic techniques, automated search, image analysis and image databases, data mining and analytics. • Investigation of offences • Private sector responses • Civil society responses Combatting the problem Electronic service providers may engage in this respect through varying degrees of self-regulation, including by internet service providers, self-monitoring by travel and tourism companies and the creation of financial coalitions. Parents, guardians, child educators and civil society are a further vital component in combating the problem, including in supporting children in understanding and handling online risks, the “flagging” of certain material online, the creation of telephone hotlines for reporting, and contributions towards education and psycho-social methods of prevention.

  7. International Instruments to combating ICT-Facilitated sexual abuse and exploitation of children UnitedNationsConventionontheRights of theChild (CRC) TheOptionalProtocol to the CRC onthe Sale of Children, ChilfProstitution, and ChildPornogrphy UnitedNationsConventionAgainstTransnationalOrganizedCrime TheProtocol to Prevent, Suppress, and PunichTrafficking in persons, EspciallyWomen and Children GuidelinesonJustice in MattersInvolvingChildVictims and Witnesses of Crime Prevention, invetigation and prosecution of any “seriouscrime”- includesthethe use of ICTs to abuse ir exploitchildren. Develop training focombattingcrimesthroughthe use of computers… Itrendersirrelevanttheconsent of anychildvictim of thepractice of trafficking in persons

  8. Regional Instruments to combating ICT-Facilitated sexual abuse and exploitation of children Aims to provide a common criminal policy. Art.9 dealswithoffencesrealted to childpornography. Council foEuropeConventiononCybercrime Council of EuropeConventionontheProtection of Childrenagainst sexual exploitation and sexual abuse AfricanCharterontherigths and walfare of theChild Aims to prevent and combat sexual exploitation and sexual abuse of children… Protectchildrenfromallforms of sexual exploitation and sexual abuse

  9. Regional Instruments to combating ICT-Facilitated sexual abuse and exploitation of children (Child pornography) Commonwealth ModelLaw (art.10) 2. EU DierctiveonChildExplotoitation (art.15) 3. ITU/CARICOM/CTU ModelLegislative (art.13)} 4. League of ArabStatesConvention (Art.12) 5.Draft AfricanUnionConventio (art.9)

  10. National Law

  11. National Law

  12. National Law

  13. National Law

  14. National Law

  15. Assessment of the training needs of States • Identification of crimes • Lack of dedicated staff trained in allaspects of ICT- Facilitatedchild abuse and exploitation cases. Less 1% of allpolices are specialists in cybercrime. El Salvador haveonlyoneforensicexaminer -Training forpersonnesmaybesttake place on a inter-agencybasis -Theinvestigation of ICT- F childabus tended to be reactive in nature, ratherthanproactive. -States requiere a clear legal frameworktahtregulatesundercoveroperations.

  16. Assessment of the training needs of States • Investigative capabilities and electronic evidence • Lack of ability to obtainstoresor real- tiem data ontrafficcontent. In El Salvador the Internet ServicesProvidersonlystores datas formaximun of 3 months (theysaid don nothaveenoughspace) -Serviceprovidersrequiredue legal processfordisclosure of customer data. -Lackbasicsufficient material resources, hardware, software and internet. -Specialized training forprosecutors and judges in handling digital evidenceis a need. • International cooperation - Lack of standard operatingproceduresforrequestsinvolving digital evidence - Lack of contacts in requestedcountries (some use thediplomaticvia)

  17. Assessment of the training needs of States Policy and coordination • Victim assistance and awareness raising • Absence of standard protocolsforsupportingvictimisthroughtheinvestigativeprocess, techniquesforinterviewingvictims and collection and preservation of victim-relatedevidence -Lack of awarnesamongchildren, families and sociaty in respect of whether–cyberbullying, sexual harassment- constitus a criminal offenceornot. -Need to promoteawarness -Thedevelopment of anoverarchingnationallaw, policyorstrategyagainst ICT-facilitatedchild abuse and axploitationswithclearpriorities and targets can greatlycontribute to a sustainable, coordinatedeffortagainstsuchoffences. -Urgentneedfor senior officials in the criminal justicefield to be aware of suchproblems and theimportance of digital evidence in investigations.

  18. UNODC technical assistance programme to prevent and combat technology-facilitated child abuse and exploitation • Law enforcement training • International cooperation -Training onspecializedmethodsforinvestigatin online crimes (types of crimes, offender and victimprofile, internationalimagechcking, assistence to victimsl, and rights of thechildren. -Supporttheauthorities in establishingthenecessarystructuresfortheeffectiveoperation of police. -Support to strenghtheningcooperationwith internet serviceproviders. -training on human rightsaspects of lawenforcementinvestigations -Support to authoritiesresponsibleforpreparing and sending and receiving and implemting mutual legal assistancerequests • Training for prosecutors and judges -Training forprosecutors and judgesonprotectionconsiderationswherechildvictims are required to testify

  19. UNODC technical assistance programme to prevent and combat technology-facilitated child abuse and exploitation • Awareness raising • Sustainability -Publicawareness-raisingcampaigns. Developeanawarnessraisingtoolkit. Mecahnism to ensurethesustainability of supportmayincludetheaccreditationfo training courseswithnationalpoliceacademies and otherrelevantinstitutions.

  20. Thank you Bertha Nayelly Loya OfficerResearch Bertha.loya@unodc.org +(503) 22 48 88 25 http://www.unodc.org/unodc/en/organized-crime/emerging-crimes.html

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