Cybercrime Convention

In these crimes, the main target of the criminals is the computer or the computer network where they want to get access in an unauthorized manner. These activities include malicious codes as well as denial-of-service attacks. These can also include service theft of the computers which is more common as telecom fraud as well as certain types of financial frauds. {{Finally, examples of traditional crimes facilitated through the use of computers or networks include Nigerian 419 or other gullibility or social engineering frauds (e.g., hacking "phishing", identity theft, child pornography, online gambling, securities fraud, etc. Cyberstalking is an example of a traditional crime -- harassment -- that has taken a new form when facilitated through computer networks.
Additionally, certain other information crimes, including trade secret theft and industrial or economic espionage, are sometimes considered cybercrimes when computers or networks are involved.

Cybercrime in the context of national security may involve Convention on Cybercrime (online activity intended to influence policy), traditional espionage, or information warfare and related activities.

Another way to define cybercrime is simply as criminal activity involving the information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud.

One of the recent researches showed that a new cybercrime is being registered every 10 seconds in Britain. During 2006 the computer crooks were able to strike 3.24 million times. Some crimes performed on-line even surpassed their equivalents in real world. In addition, experts believe that about 90% of cybercrimes stay unreported.

According to a study performed by Shirley McGuire, a specialist in psychology of the University of San Francisco, the majority of teenagers who hack and invade computer systems are doing it for fun rather than with the aim of causing harm. Shirley McGuire mentioned that quite often parents cannot understand the motivation of the teenage hackers. She performed an anonymous experiment, questioning more than 4,800 students in the area of San Diego. Her results were presented at the American Psychological Association conference:

38% of teenagers were involved in software piracy;
18% of all youngsters confessed of entering and using the information stored on other personal computer or website;
13% of all the participants mentioned they performed changes in computer systems or computer files.
The study revealed that only 1 out of 10 hackers were interested in causing certain harm or earn money. Most teenagers performed illegal computer actions of curiosity, to experience excitement.
The Convention on Cybercrime is the first international treaty seeking to address cybercrime and Internet crimes by harmonizing national laws, improving investigative techniques and increasing cooperation among nations.[1] It was drawn up by the Council of Europe in Strasbourg with the active participation of the Council of Europe's observer states Canada, Japan and USA.Contents [hide]
1 Objectives
2 Accession by the USA
3 Accession by other non-European states
4 References
5 Sources
6 Further reading

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Objectives

The Convention is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and interception.

Its main objective, set out in the preamble, is to pursue a common criminal policy aimed at the protection of society against cybercrime, especially by adopting appropriate legislation and fostering international co-operation.

The Convention aims principally at (1) harmonising the domestic criminal substantive law elements of offences and connected provisions in the area of cyber-crime (2) providing for domestic criminal procedural law powers necessary for the investigation and prosecution of such offences as well as other offences committed by means of a computer system or evidence in relation to which is in electronic form (3) setting up a fast and effective regime of international co-operation.

The following offences are defined by the Convention: illegal access, illegal interception, data interference, system interference, misuse of devices, computer-related forgery, computer-related fraud, offences related to child pornography and offences related to copyright and neighbouring rights. It also sets out such procedural law issues as expedited preservation of stored data, expedited preservation and partial disclosure of traffic data, production order, search and seizure of computer data, real-time collection of traffic data, and interception of content data. In addition, the Convention contains a provision on a specific type of transborder access to stored computer data which does not require mutual assistance (with consent or where publicly available) and provides for the setting up of a 24/7 network for ensuring speedy assistance among the Signatory Parties.

The Convention is the product of four years of work by European and international experts. It has been supplemented by an Additional Protocol making any publication of racist and xenophobic propaganda via computer networks a criminal offence. Currently, cyber terrorism is also studied in the framework of the Convention.

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Accession by the USA

Its ratification by the United States Senate in August 2006 was both praised and condemned. The U.S. became the 16th nation to ratify the convention. Forty-three nations have signed the treaty.[2] [3]

The Convention entered into force in the USA on January 1, 2007.

"While balancing civil liberty and privacy concerns, this treaty encourages the sharing of critical electronic evidence among foreign countries so that law enforcement can more effectively investigate and combat these crimes," said Senate Majority Leader Bill Frist.[4]

"The Convention includes a list of crimes that each signatory state must transpose into their own law. It requires the criminalization of such activities as hacking (including the production, sale, or distribution of hacking tools) and offenses relating to child pornography, and expands criminal liability for intellectual property violations. It also requires each signatory state to implement certain procedural mechanisms within their laws. For example, law enforcement authorities must be granted the power to compel an Internet Service Provider to monitor a person's activities online in real time. Finally, the Convention requires signatory states to provide international cooperation to the widest extent possible for investigations and proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal offense. Law enforcement agencies will have to assist police from other participating countries to cooperate with their mutual assistance requests."[5]

Although a common legal framework would eliminate jurisdictional hurdles to facilitate the law enforcement of borderless cyber crimes, a complete realization of a common legal framework may not be possible. Transposing Convention provisions into domestic law is difficult especially if it requires the incorporation of substantive expansions that run counter to constitutional principles. For instance, the U.S. may not be able to criminalize all the offenses relating to child pornography that are stated in the Convention, specifically the ban on virtual child pornography, because of its First Amendment free speech principles. Under Article 9(2)(c) of the Convention, a ban on child pornography includes any “realistic images representing a minor engaged in sexually explicit conduct.” According to the Convention, the U.S. would have to adopt this ban on virtual child pornography as well, however, the U.S. Supreme Court, in Ashcroft v. Free Speech Coalition, struck down as unconstitutional a provision of the CPPA that prohibited "any visual depiction” that "is, or appears to be, of a minor engaging in sexually explicit conduct." In response to the rejection, the U.S. Congress enacted the PROTECT Act to amend the provision, limiting the ban to any visual depiction “that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct.” 18 U.S.C

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Accession by other non-European states

Besides the USA, the Convention has been signed by Canada, Japan and the Republic of South Africa on 23 November 2001. Further accessions by other non-European states are planned.