UNODC. International Cooperation and Assistance in Cybercrime Matters

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1 UNODC International Cooperation and Assistance in Cybercrime Matters

2 UNODC Approach To integrate cybercrime and electronic evidence related issues in broader UNODC mandates of Supporting Member States with ratification and implementation of international treaties Research and analytical work to increase knowledge and understanding of crime-related issues Promoting international cooperation Enhancing Member States capacities to counteract illicit drugs, crime and terrorism

3 Intergovernmental Expert Group - Study Mandate: General Assembly Resolution 65/230 Responses from 69 Member States (13 from the Americas) Private Sector, Academia, Intergovernmental Organizations Open source documents

4 Global Cybercrime Repository Commission on Crime Prevention and Criminal Justice (CCPCJ) Resolution 22/8 (2013) Requests UNODC to serve as a central data repository of cybercrime laws and lessons learned With a view to facilitating the continued assessment of needs and criminal justice capabilities and delivery and coordination of TA Will be integrated into SHERLOC knowledge management portal

5 % respondents reporting victimization in last year, 2011 or latest available year Cybercrime Victimization Figure 2.4: Cybercrime and conventional crime victimization 16% 14% HDI < 0.8 (8 countries) HDI > 0.8 (13 countries) 12% 10% 8% 6% 4% 2% 0% account hacked Responded to phishing attempt Identity theft Online credit card fraud Burglary Robbery Car theft Source: UNODC elaboration of Norton Cybercrime Report and crime victimization surveys.

6 % Transnational Dimension of Cybercrime Figure 7.1: Percentage of cybercrime acts involving a transnational dimension Europe (8) Asia & Oceania (7) Africa (6) Americas (7) Source: Study cybercrime questionnaire. Q83. (n=28)

Electronic Evidence Servers: Contracts Wire transfer payments Company records: Corporate structures Contracts Directors Victims: Analysis of malware Communications

7 Electronic Evidence Servers: Contracts Wire transfer payments Company records: Corporate structures Contracts Directors Victims: Analysis of malware Communications data: s confirming ownership of IP addresses s evidence fraud scheme Bank accounts: Account statements Details of beneficial owners Wire transfer payments

8 International Cooperation Challenges Which countries have jurisdiction to prosecute? What is the basis of jurisdiction? Where could prosecution best take place? Can nationals be extradited? If not, what happens? Is there dual criminality? How can investigations best be coordinated? How can evidence be obtained? What evidence is needed? Do sufficient investigative powers exist in criminal procedure law? How can the criminal assets be identified and seized? How should victims (infected computers) be informed/treated?

9 Means of Obtaining Extra-Territorial Evidence Figure 7.4: Means of obtaining extra-territorial evidence 6% 4% Formal MLA request 8% Informal police cooperation 9% Direct contact with service provider 24/7 network point of contact Other 73% Source: Study cybercrime questionnaire. Q105. (n=56, r=221)

10 Legal Basis of MLA and Extradition Requests Figure 7.5: Legal basis of cybercrime extradition and MLA requests 18% 1% 19% Multilateral instrument Regional instrument Bilateral instrument 5% Reciprocity Other 57% Source: Study cybercrime questionnaire. Q and Q (n=21, r=50)

11 Key Components of Cooperation Central authority Accurate preparation of requests Informal presubmission contact Starting point: intelligence Intelligence requests Legal basis and procedural laws

12 The Big Picture Modes of Cooperation Mutual Legal Assistance Police Cooperation Formal Investigation and Evidence Collection Infer Use Set priorities Intelligence Cycle Collect Evaluate Analyse Collate

13 Informal Police Cooperation Figure 7.11: Can assistance be provided informally, as well as through a formal MLA request? Europe (n=14) Asia & Oceania (n=17) Yes No Americas (n=8) Africa (n=6) 0% 20% 40% 60% 80% 100% Source: Study cybercrime questionnaire. Q223. (n=45)

14 Forms of informal cooperation Forms of Informal Cooperation Figure 7.13: Forms of informal cooperation with law enforcement agencies General technical advice General legal advice Identity or subscriber information for a suspect Conduct of a joint investigation 42% 39% 35% 35% Expedited preservation of computer data 23% Other (unspecified) 10% Provisional arrest of a suspect Search for computer hardware or data Seizure of computer hardware or data Stored traffic data from a service provider 3% 3% 3% 3% Source: Study cybercrime questionnnaire. Q106. (n=31, r=61)

15 % of requests Average Response Time Informal Cooperation Figure 7.16: Average time for response to requests sent and received by focal point for cooperation in cybercrime cases 35% 32% 30% 25% 23% 20% 19% 15% 10% 13% 13% 5% 0% >30 Number of days Source: Study cybercrime questionnaire. Q107. (n=25, r=47)

16 Network of Prosecutors against Organized Crime Red de Fiscales contra el Crimen Organizado REFCO Belize, Costa Rica, Colombia, the Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama (+ Bolivia, Peru) (Meeting in Costa Rica, December 2013) MLA requests take btw. 0.5 and 7 working days Legal processing (i.e. signatures) may take up to 22+ days Translation and Authentication may take up more than a week Drug-related crime, especially money laundering Challenge: no standard terminology Need to strengthen research Stronger involvement of judges necessary Standard operating procedures for obtaining/handling digital evidence

17 International Cooperation UN Model Law on Mutual Assistance in Criminal Matters (2007) Defines traffic data, service provider, computer data, computer system, and subscriber information Covers requests for: expedited preservation and disclosure of computer data; Production of stored data; Search and seizure of data.

18 International Cooperation UN Convention against Transnational Organized Crime Art. 15 Jurisdiction Art. 16 Extradition Art. 18 MLA International Drug Control Treaties i.e. UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 Art. 3 Offences and Sanctions (including technology-facilitated conduct) Art. 7 MLA

19 UNODC MLA Tool UNODC Mutual Legal Assistance Writer Request Tool (MLA Tool) Available upon request Does not require prior experience Helps to avoid incomplete requests Information on treaties and nat. legislation Upgrade and re-design Increase usability Include module on digital evidence Create an application that does not require MS Access Link to CNA directory

20 UNODC Global Programme on Cybercrime Objective: to assist and support Member States with preventing and combating cybercrime through a global, sustainable and holistic approach

21 UNODC Approach Upon request Pre-assessment process: Desk assessment Pre-assessment mission Needs based Local ownership Sustainability tied in with LE and prosecution structures

22 Activities 2013/2014 East Africa 2013 In-depth country response capabilities assessment Kenya Regional joint training of Investigators and Prosecutors from 7 countries (Mobile & desktop forensics; Private sector participation; Specific prosecutorial training; Distance learning materials) 2014 Regional conference for the East African region Follow up in-country activities in Kenya Southeast Asia Assessment of cybercrime response capabilities across the region Regional training workshops for LE, prosecutors, judges Training modules for police academy in Viet Nam

23 Activities 2013/2014 Americas Establishment of National Police cybercrime unit in El Salvador Training on digital forensics and cybercrime investigation Training of prosecutors on basic case strategy and handling of digital evidence Specialized training on crimes against children Digital forensics lab Cooperation with service providers Support coordination with INTERPOL support networks Advanced training Development of curriculum for National Police academy Further requests from the region, similar approach

24 UNODC - Contact United Nations Office on Drugs and Crime (UNODC) Division for Treaty Affairs, Organized Crime and Illicit Trafficking Branch, Conference Support Section cybercrime@unodc.org Thank you!

The UNODC Global Programme on Cybercrime Alexandru Caciuloiu CYBERCRIME COORDINATOR SOUTHEAST ASIA AND THE PACIFIC

The UNODC Global Programme on Cybercrime Alexandru Caciuloiu CYBERCRIME COORDINATOR SOUTHEAST ASIA AND THE PACIFIC UNODC is mandated to assist Member States in their struggle against illicit drugs, crime