11. Cybercrime
The security of computer and
communication systems and their protection
against cybercrime is of essential importance.
Businesses, administrations and society depend
to a high degree on the efficiency and security
of modern information technology. Cybercrime can
affect telecommunication service providers,
banks, individuals and law enforcement
authorities.
One
major obstacle to effectively fight cybercrime
is the lack of awareness.
The vulnerability of today's
information society in view of computer crime is
still not sufficiently realised. A company's
entire production frequently depends on the
functioning of its data-processing system. Many
businesses store their most valuable company
secrets electronically.
Specifically with regard to the recent tragic
events in the US, the undertaking of serious
efforts to improve cross-border co-operation in
the fight against crime and to create a
consistent legal framework is crucial.
Effective co-operation
between government (especially law enforcement
authorities), industry and data protection
authorities is an essential element to fight
cybercrime but also necessary to find the right
balance between the interests of all
stakeholders involved. Especially both the
privacy of individuals and the rights of victims
of cybercrime must be respected.
During informal consultations
with law enforcement authorities, European
Industry (mostly ISPs and telecommunications
operators) agreed that constructive co-operation
is of great importance and welcomed the
opportunity for further dialogues with the
competent authorities. Furthermore, the need to
take into account and observe the principles of
personal data protection laid down by European
Directives and international initiatives was
stressed.
On January 26, 2001 the
European Commission adopted a Communication on
‘Improving Security of Information
Infrastructures and Combating Computer-related
Crime’. According to the Communication there
is a need for a comprehensive policy to fight
cybercrime and legislative and non-legislative
measures are needed to improve the security of
information infrastructures. Cybercrime is
defined in a broad sense as any crime that
involves the use of information technology.
The different forms of
cybercrime consist of entirely new forms of
crime or existing forms of crime where criminals
are just using the facilities of the Internet.
Cybercrime can include:
·
economic crimes (hacking, computer
sabotage and distribution of viruses, computer
espionage, computer forgery, computer fraud and
computer manipulations instead of deceiving a
human);
·
content-related offences (dissemination,
especially via the Internet, of e.g. child
pornography and racist statements);
·
intellectual property offences (violation
of copyright and related rights and
cybersquatting);
·
privacy offences (illegal collection,
storage, modification, disclosure or
dissemination of personal data).
The main non-legislative
initiative foreseen by the Commission is the
setting-up of an EU forum where service
providers, network operators, consumer
organisations, law enforcement and data
protection authorities could co-operate, promote
best practices for IT security and develop tools
and procedures to fight cybercrime.
Important issues that will
certainly be discussed in the EU Forum are the
retention of traffic data and the interception
of communications.
In a public hearing on the
Communication held on March 7, 2001 law
enforcement authorities explained already that
they need to have access to traffic data and to
intercept communications in order to effectively
fight cybercrime. This would be the only way to
obtain information about criminals, as they are
not leaving fingerprints when committing or
preparing crimes over the Internet.
European Industry agrees, in
principle, that traffic data and the
interception of communications are needed to
detect suspected persons but of course they
argue that the financial burden for industry
should not be too heavy.
First meetings of the EU
Forum have taken place on November 6 and 27,
2001.
Another important initiative
to fight cybercrime is the Council of Europe’s
Convention on cybercrime. The Convention of
November 8, 2001 is an international treaty
designed to harmonise laws against crimes
committed via the Internet, including copyright
infringement, child pornography, and malicious
hacking. It asks contracting parties to adopt
legislation in areas such as substantive and
procedural law, jurisdiction and mutual
recognition and international co-operation. It
will enter into force when five states, at least
three of which are members of the Council of
Europe, have ratified it.
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