INTERNATIONAL SECURITY MEASURES IN CYBERSPACE
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Transcript of INTERNATIONAL SECURITY MEASURES IN CYBERSPACE
Cybercrime Page: 1
INTERNATIONAL SECURITY MEASURES IN CYBERSPACE Indonesia Information Security Forum 10.10.2012, Bandung, Indonesia Prof. Dr. Marco Gercke
Cybercrime
WHAT ARE CYBER SECURITY MEASURES
Page: 2
BRINGING CYBER SECURITY AND CYBERCRIME INTO CONTEXT
Cybercrime
CYBERCRIME / CYBERSECURITY
• Cybersecurity is broader than just Cybercrime
• If a government employee accidentally drops an external storage device with important data that were not included in backup-plans it is a serious Cybersecurity incident – but not a crime
• Based on the ITU Global Cybersecurity Agenda (GCA) it is possible to divide between 5 different pillars related to Cybersecurity (legal measures, technical and procedural measures, organizational structures, capacity building and international cooperation
Page: 3
Legal M
easures
Components of Cybersecurity Strategy (based on ITU GCA)
Techn. / Proced. M
easures
Organizational Structures
Capacity B
uilding
International Cooperation
Cybercrime
CYBERCRIME / CYBERSECURITY
• Within all pillars Cybercrime needs to be addressed
• In some pillars (such as international cooperation) Cybercrime may even be the dominant part (international cooperation in Cybercrime investigations)
• The same is relevant with regard to legal measures. Cybercrime legislation is in many country the most complex part of a Cybersecurity legal framework
• But it is important to always keep in mind that in each pillar other issues will need to be addressed.
Page: 4
Legal M
easures
Components of Cybersecurity Strategy (based on ITU GCA)
Techn. / Proced. M
easures
Organizational Structures
Capacity B
uilding
International Cooperation
Cybercrime
CYBERCRIME / CYBERSECURITY
• And it is important to see that some components are not solely related to Cybercrime
• Example: CERT
• Preventing Cybercrime, analysing trends related to Cybercrime, development of tools in the fight against Cybercrime, capacity building and support of law enforcement agencies in fighting Cybercrime can be important tasks for a cert
• But not all work of a CERT will be related to Cybercrime
Page: 5
Legal M
easures
Components of Cybersecurity Strategy (based on ITU GCA)
Techn. / Proced. M
easures
Organizational Structures
Capacity B
uilding
International Cooperation
CERT
Cybercrime page: 6
GLOBAL STANDARDS
TCP/IP
• The Internet uses globally applicable technical standards
• Whoever does not apply the global standards is in most cases excluded from using the network
• With regard to Cybersecurity there is a lack in applying global standards
Page: 7 Cybercrime
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IOL News 2011
Cybercrime page: 8
WHAT IS COMPUTER CRIME AND CYBERCRIME
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Source: Wikipedia with ref to B. Bertram
Cybercrime page: 9
198oth
• Increasing use of personal computers
• Lead to an increase in the potential number of targets
• First cases of software piracy
• In addition malicious software was more frequently produced and distributed
Cybercrime Seite: 10
198oth - HISTORY OF VIRUSES
• 1982 the “Elk Cloner” virus was created (by Rich Skrenta). Designed for Apple OS
• 1986 “Brain Virus” was identified. Virus was designed for MS-DOS
• 1986 the the file virus “Virdem” followed
• 1990 the first polymorph virus attack “Tequila” was started
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Example
Cybercrime Seite: 11
198oth- MATH VIRUS
• „Math virus“ stopped the computer after 30 steps and displays a simple addition or subtraction questions
• Execution of the program is denied unless the correct answer is given by the user
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Math Virus
Cybercrime Seite: 12
198oth – WALKER VIRUS
• Relatively harmless virus
• Walker virus: Displays occasionally an animation
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Walker Virus
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Source: Wikipedia with ref. to Cailliau
Cybercrime page: 13
199oth
• Introduction of the graphical user interface WWW (World Wide Web) in the 1990th lead to an increasing popularity of the network
• It became easier to use the services offered
• In addition it enabled the spreading of pictures, audio and video
• In addition the Internet eased transnational communication
• Went along with several challenges for law enforcement
Cybercrime Seite: 14
1990th - VIRUS
• While in the 1980th the speed of the distribution was limited due to the distribution by physical data storage media exchange it was less limited with the intensive use of the Internet
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Example
Cybercrime page: 15
ACTIVITIES OF REG. AND INT. ORGANIZATIONS
RELATED TO CYBERCRIME
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COMMONWEALTH MEMBER STATES
COMMONWEALTH OF NATIONS
• The Commonwealth of Nations is a voluntary association of sovereign states
• Currently 53 associated states
• In 2002 the Commonwealth presented a model law on Cybercrime that provides a legal framework to address Cybercrime
• The model law was intentionally drafted in accordance with the Convention on Cybercrime
Page: 16 Gercke, Cybercrime
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ECOWAS MEMBER STATES
ECONOMIC COMMUNITY OF WEST AFR.
• The Economic Community of West African States is a regional group of west African Countries
• Founded in 1975 it has currently fifteen member states
• In 2009 ECOWAS adopted the Directive on Fighting Cybercrime in ECOWAS that provides a legal framework for the member states
• Directive includes substantive criminal law as well as procedural law
Page: 17 Gercke, Cybercrime
EAST AFRICAN COMMUNITY
• 5 Member states (Kenya, Uganda, Tanzania, Burundi, Rwanda)
• Within the framework of an update of ICT legislation (EAC Legal Framework for Cyberlaws) EAS also addressed the issues of Cybercrime
• Provisions dealing with the criminalisation of certain conduct became part of the draft legislation
Page: 18 Gercke, Cybercrime
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EAC MEMBER STATES
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EUROPEAN UNION
EUROPEAN UNION
• The European Union is a political Union of 27 member states
• One of the mandate of the EU is to harmonise legislation in selected areas
• It has adopted several Framework Decision and Directives to harmonise the legislation with regard to Cybercrime
• The 27 member states are obliged to implement the legislation within the given time period
Page: 19 Gercke, Cybercrime
EUROPEAN COMMUNITY / UNION
Page: 20 Cybercrime
98 97 99 00 01 02 04 03 05 06 07 08 09 10 10 11
Communication harmful content
Action plan harmful content
eEurope Action Plan
Safer Information Society General Policy Cybercrime
Counc. D. Child Pornography
FD Combating Fraud
FD Child Pornography
FD Attacks Information Systems
Dir. Data Retention
Amendment FD Terrorism
Draft Directive Child Pornography
Draft Directive Attacks Information Systems
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COUNCIL OF EUROPE
COUNCIL OF EUROPE
• Council of Europe is an international organisation focusing on the European integration
• 47 member states
• Convention on Cybercrime (2001)
• First addition protocol to the Convention on Cybercrime (2003)
• Convention on the protection of children against sexual exploitation and sexual abuse (2007)
Page: 21 Gercke, Cybercrime
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UNITED NATIONS ORGANISATION
UNITED NATIONS
• United Nations Organisation is an international organisation (192 member states)
• In 1990 the UN GA adopted a resolution dealing with computer crime legislation
• In 2000 the UN GA adopted a resolution on combating the criminal misuse of information technology
• In 2002 the UN GA adopted a second resolution on the criminal misuse of information technology
Page: 22 Gercke, Cybercrime
Cybercrime page: 23
Substantive Criminal Law
Illeg
al A
cces
s to
a C
ompu
ter
Illeg
al R
emai
ning
in a
Com
pute
r
Syst
em In
terf
eren
ce
Illeg
al In
terc
eptio
n
Illeg
al A
cces
s to
Com
pute
r D
ata
Illeg
al D
ata
Inpu
t
Illeg
al A
quis
ition
of C
omp.
Dat
a
Illeg
al D
ata
Inte
rfer
ence
Illeg
al U
se o
f Dat
a
Viol
atio
n of
Dat
a Pr
otec
tion
Regu
l.
Illeg
al D
evic
es /
Mis
use
of D
evic
es
Com
pute
r-re
late
d Fr
aud
Com
pute
r-re
late
d Fo
rger
y
Inde
cent
Mat
eria
l
Porn
ogra
phy
Child
Por
nogr
aphy
Solic
itatio
n of
Chi
ldre
n
Dis
sem
inat
ion
of R
acis
tic M
ater
ial
Iden
tity-
rela
ted
Crim
e
SPAM
Thre
at a
nd H
aras
smen
t
Dis
clos
ure
of a
n In
vest
igat
ion
Copy
righ
t Vio
latio
n
Viol
atio
n of
Sec
recy
CoE Cybercrime Convention (2001) ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ CoE Convention Protection Children (2007) ✔ ✔
EU FD Non-Cash Payment (2001) ✔ ✔
EU FD Child Pornography (2003) ✔
EU FD Attacks Information Systems (2005) ✔ ✔ ✔
EU DI Child Pornography (2011) ✔ ✔
EU Draft DI Attacks Information S. (2011) ✔ ✔ ✔ ✔ ✔
Draft African Union Convention (2011) ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
Commonwealth Model Law (2002) ✔ ✔ ✔ ✔ ✔ ✔ HIPCAR Cybercrime Model Law (2010) ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
UN MEMBER STATES
Page: 24 Cybercrime
UN MEMBER STATES
Page: 25 Cybercrime
COE MEMBER STATES
Page: 26 Cybercrime
COE MEMBER STATES
Page: 27 Cybercrime
WHO WAS INVITED TO DRAFT ?
COE MEMBER STATES
Page: 28 Cybercrime
IMPLEMENTATION 10 YEARS
Cybercrime page: 29
BRINGING LEGISLATION INTO CONTEXT
COMPONENTS
Page: 30 Cybercrime
Substantive Criminal Law
Procedural Law
International Cooperation
Convention on Cybercrime
COMPONENTS
Page: 31 Cybercrime
Cybe
rcri
me
Polic
y
Nat
iona
l Cyb
erse
curi
ty
Stra
tegy
Tech
nolo
gy,
CERT
, ....
Crim
inal
La
w
Crim
e Pr
even
tion,
Te
chno
logy
Substantive Criminal Law
Procedural Law
International Cooperation
Electronic Evidence
Liability of ISPs Trai
ned
Inve
stig
ator
s
Equi
ptm
ent
Trai
ning
Cybercrime Page: 32
Prof. Dr. Marco Gercke
Niehler Str. 35
D-50733 Cologne, Germany
www.cybercrime-institute.com