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Training Manual (Draft) Project on Cybercrime www.coe.int/cybercrime Economic Crime Division Directorate General of Human Rights and Legal Affairs Strasbourg, France Version 31 March 2010 Cybercrime training for judges: Training manual (draft) Council of Europe Project on Cybercrime www.coe.int/cybercrime The initial version of this manual hass been prepared by Dr. Marco Gercke (Germany) for the Economic Crime Division of the Council of Europe (Directorate General of Human Rights and Legal Affairs) within the framework of the Project on Cybercrime. Inputs have also been received from Nigel Jones (Technology Risk Limited, UK) Fredesvinda Insa (CYBEX, Spain), Jan Spoenle (Max-Planck Institute, Freiburg, Germany) and other experts. It has furthermore been reviewed in connection with the PROSECO project of the European Commission and the Council of Europe on judicial networking in South-eastern Europe ( www.coe.int/economiccrime ). Contact Alexander Seger Economic Crime Division Council of Europe Strasbourg, France Tel +33 3 9021 4506 The views expressed in this technical report do Tel +33 3 9021 5650 not necessarily reflect official positions of the [email protected] Council of Europe Cybercrime training for judges 2 Council of Europe Project on Cybercrime www.coe.int/cybercrime Contents 1 Introduction: how to use this manual.......................................................................6 2 About cybercrime ...................................................................................................10 2.1 Why has cybercrime become an issue?..................................................................10 2.2 What is cybercrime? ...........................................................................................12 2.2.1 Offences against the confidentiality, integrity and availability of computer data and systems (“CIA offences”) ...........................................................................................12 2.2.2 Computer-related offences: fraud and forgery .................................................14 2.2.3 Content-related offences: child pornography, racism and xenophobia .................14 2.2.4 Offences related to intellectual property rights and similar rights .......................15 2.2.5 Combinations of offences ..............................................................................15 2.3 Challenges for judges..........................................................................................20 2.3.1 The role of judges ........................................................................................20 2.3.2 Volatile nature or electronic evidence .............................................................21 2.3.3 Number of users ..........................................................................................21 2.3.4 Co-operation between law enforcement authorities and private businesses .........21 2.3.5 International dimension ................................................................................22 2.3.6 Independence of place of action and the presence at the crime site....................22 2.3.7 Resources ...................................................................................................23 2.3.8 Protection of fundamental rights ....................................................................23 2.4 National law and international standards: the Convention on Cybercrime...................25 2.4.1 The criminal law response at the national level ................................................25 2.4.2 The Convention on Cybercrime ......................................................................25 3 Technology for judges ............................................................................................28 3.1 Introduction.......................................................................................................28 3.2 How Computers Work .........................................................................................28 3.2.1 Computer components..................................................................................28 3.2.2 Data Storage...............................................................................................30 3.2.3 Operating Systems.......................................................................................31 3.3 How the Internet Works ......................................................................................32 3.3.1 The History of the Internet............................................................................32 3.3.2 How the Internet functions............................................................................32 3.3.3 Internet services..........................................................................................35 3.4 How Criminals use Technology .............................................................................37 3.4.1 Technology as a victim .................................................................................37 3.4.2 Technology as an aid to crime .......................................................................38 3.4.3 Technology as a communication tool ..............................................................38 3.4.4 Technology as a storage device .....................................................................38 3.4.5 Technology as a witness to crime...................................................................38 3.5 Summary ..........................................................................................................38 4 Cybercrime as a criminal offence............................................................................40 4.1 Illegal access (“Hacking”) ....................................................................................41 4.1.1 Phenomenon ...............................................................................................41 4.1.2 Legal response ............................................................................................42 4.2 Illegal interception..............................................................................................44 4.2.1 Phenomenon ...............................................................................................44 4.2.2 Legal response ............................................................................................44 4.3 Data interference................................................................................................46 4.3.1 Phenomenon ...............................................................................................46 4.3.2 Legal response ............................................................................................47 4.4 System interference............................................................................................49 Cybercrime training for judges 3 Council of Europe Project on Cybercrime www.coe.int/cybercrime 4.4.1 Phenomenon ...............................................................................................49 4.4.2 Legal response ............................................................................................50 4.5 Misuse of devices ...............................................................................................52 4.5.1 Phenomenon ...............................................................................................52 4.5.2 Legal response ............................................................................................52 4.6 Computer-related forgery ....................................................................................55 4.6.1 Phenomenon ...............................................................................................55 4.6.2 Legal response ............................................................................................55 4.7 Computer-related fraud.......................................................................................57 4.7.1 Phenomenon ...............................................................................................57 4.7.2 Legal response ............................................................................................57 4.8 Child pornography ..............................................................................................59 4.8.1 Phenomenon ...............................................................................................59 4.8.2 Legal response ............................................................................................59 4.9 Intellectual property and related offences ..............................................................63 4.9.1 Phenomenon ...............................................................................................63 4.9.2 Legal response ............................................................................................63 5 Computer forensics and electronic evidence...........................................................65 5.1 Digital evidence..................................................................................................66 5.1.1 Challenges related to digital evidence.............................................................66 5.1.2 Continued importance of traditional evidence ..................................................68 5.2 Computer forensics.............................................................................................69 5.2.1 Phases of the involvement of forensic experts .................................................69 5.2.2
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