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Cambodia's Effort on Cybersecurity Regulation: Policy and Human TALLINN UNIVERSITY OF TECHNOLOGY Faculty of Social Sciences Tallinn Law School Somaly Nguon Cambodia’s Effort on Cybersecurity Regulation: Policy and Human Rights’ Implications Master Thesis Supervisor: Agnes Kasper, PhD. Tanel Kerikmäe, PhD. Tallinn 2017 I hereby declare that I am the sole author of this Master Thesis and it has not been presented to any other university of examination. Somaly Nguon “ .....” ............... 2017 The Master Thesis meets the established requirements Supervisor: Agnes Kasper, PhD., Tallinn Law School, Tallinn University of Technology, Tallinn, Estonia. “ .....” .................... 2017 Tanel Kerikmäe, PhD., Tallinn Law School, Tallinn University of Technology, Tallinn, Estonia. “ .....” .................... 2017 Accepted for examination “ .....” ...................... 2017 Board of Examiners of Law Master’s Theses …………………………… Table of Contents List of Abbreviations .............................................................................................. iii List of Figures ........................................................................................................ iv Introduction ............................................................................................................. 1 1. Overview of Cybersecurity ................................................................................ 7 1.1. ICT Development in Cambodia .......................................................................................... 7 1.1.1. E-Application: the development dilemma ................................................................... 8 1.1.2. Define Cybersecurity ................................................................................................. 14 1.1.3. How Cambodia define Cybercrime? .......................................................................... 15 1.2. What is perceived as a threats in cyberspace? .................................................................. 17 1.2.1. Cybersecurity Actors ................................................................................................. 17 1.2.2. Categories of Cybercrime .......................................................................................... 20 1.3. Threats responses ............................................................................................................. 21 1.4. Conclusion ........................................................................................................................ 24 2. Current Legal Framework ................................................................................. 25 2.1. Legislating Cyberspace .................................................................................................... 25 2.1.1. Criminal Code of the Kingdom of Cambodia 2009 ................................................... 25 2.1.2. Press Law 1995 .......................................................................................................... 28 2.1.3. The Law on Telecommunications 2015 ..................................................................... 29 2.1.4. Case Study ................................................................................................................. 31 2.2. National Policy .................................................................................................................. 34 2.2.1. Rectangular Strategy Phase III Side 4 ....................................................................... 34 2.2.2. Cambodia’s ICT Master Plan 2020 ........................................................................... 37 2.2.3. Telecom/ICT Development Policy 2020 ................................................................... 40 2.3. Draft Law on Cybercrime ................................................................................................ 41 2.3.1. Purpose, Objective and Scope .................................................................................... 41 2.3.2. Structure ..................................................................................................................... 42 2.3.3. Offences ..................................................................................................................... 43 2.3.4. Investigating Cybercrimes and Collecting Digital Evidence ..................................... 44 2.4. Conclusion ........................................................................................................................ 49 i 3. International Human Rights Aspects in Cyberspace ......................................... 50 3.1. Freedom on the Internet .................................................................................................... 50 3.2. Cambodia’s Legal Obligation ........................................................................................... 53 3.2.1. National’s Legal Obligation ...................................................................................... 53 3.2.2. Regional’s Legal Obligation ...................................................................................... 55 3.2.3. International’s Legal Obligation ................................................................................ 56 3.3. Amending draft law for Cambodia to comply with human rights standards ................... 63 3.4. Conclusion ........................................................................................................................ 66 4. Comparative analysis: State practice from China, Japan, and Singapore ......... 67 4.1. Governance ....................................................................................................................... 68 4.2. Economy ........................................................................................................................... 70 4.3. Social ................................................................................................................................ 71 4.4. Discussion and Good Practice ......................................................................................... 72 Conclusion ............................................................................................................. 75 List of references ................................................................................................... 77 Annex I. Draft Law on Cybercrime of Cambodia ................................................. 91 ii List of Abbreviations ICT Information and Communication Technologies IT Information Technology SNWs Social Networking Websites MPTC Ministry of Post and Telecommunication RGC Royal Government of Cambodia NiDA National ICT Development Authority CamCERT National Cambodia Computer Emergency Response Team GAIS Government Administration Information System EAS Electronic Approval System ITU International Telecommunication Union ASEAN Association of Southeast Asia Nations APEC Asia-Pacific Economic Cooperation EU European Union UN United Nations CCHR Cambodia Center for Human Rights NGOs Non-governmental Organizations OECD The Organization of Economic Corporation and Development OpTPB Operation The Pirate Bay CCDCOE Cooperative Cyber Defense Center of Excellence DDoS Distributed Denial of Service NACC National Anti-Cybercrime Committee UDHR Universal Declaration on Human Rights ICCPR International Covenant on Civil and Political Right ICESCR International Covenant on Economic Social and Cultural Rights iii List of Figures Figure 1. Internet subscribers and market share in June 2016. Figure 2. Cambodia’s Telecom Market in June 2016. Figure 3. Status of E-commerce law harmonization in ASEAN as of March 2013. Figure 4: National framework to establish cybersecurity. Figure 5: New MPTC’s Structure after 24 October 2013. Figure 6. Rectangular Strategy Phase III. Figure 7. Cambodia’s ICT Master Plan 2020 sets objectives. Figure 8. Internet penetration and social media statistic in Cambodia, 2016. iv Introduction Information and communication technologies (ICTs) and the trend toward digitalization are growing. The advancement of Information Technology (IT) and the expansion of the Internet have an unexpectedly useful service serving as a kind of laboratory for research, governance, intergovernmental institutions, social and economical development, as well the ability to disseminate information across the globe.1 Moreover, the growth of online digital media enables us to communicate easier, enjoy free flow of information sharing, and exercise freedom of expression via Social Networking Websites (SNWs), such as personal blog, Facebook and Twitter, etc.2 The growing of modern technologies is an advantage for the betterment of human being, yet it also creates a concern in relation to security in cyberspace. New technologies, computer and Internet originate new trend of crime. This means that computer functions such as software programs and Internet capabilities can be manipulated to conduct criminal activities in cyberspace. A person is capable of conducting criminal activities by just sitting in front of computer and using Internet to attack on other computer’s system. This kind of criminal activity is being known as “Cybercrime”. According McDowell, M. and Householder, A. (2015), “as long as you have a computer and connect it to a network, you are vulnerable to someone or something else accessing or corrupting your information”.3 Cambodia is one of the developing countries in ASEAN. Indifferent from other countries, the nation is also a victim of cybercrime. Cambodian population is around 15.82 million
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