A/73/312 General Assembly
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Convention on Cybercrime
Convention on Cybercrime Nilupul Gunawardena* November 2018 *Nilupul Gunawardena is a Research Fellow at the Lakshman Kadirgamar Institute of International Relations and Strategic Studies (LKI). The opinions expressed in this article are the author’s own views. They are not the institutional views of LKI, and do not necessarily represent or reflect the position of any other institution or individual with which the author is affiliated. Copyright © 2018 Lakshman Kadirgamar Institute of International Relations and Strategic Studies (LKI) About the LKI Explainers LKI Explainers examine an agreement or another aspect of Sri Lanka’s international relations. They summarise key points and developments, with up-to-date information, facts, and figures. Terms of use LKI is not responsible for errors or any consequences arising from the use of information contained herein. The views expressed in a LKI Explainer are those of the author(s). They are not the institutional views of LKI and do not necessarily reflect the position of any other institution or individual with which an author is affiliated. Lakshman Kadirgamar Institute of International Relations and Strategic Studies (LKI) 24 Horton Place, Colombo 7, Sri Lanka Email: [email protected] Website: www.lki.lk Contents 1. What are Cybercrimes?.............................................................................................1 2. What is Cybersecurity and why is it important……………………………………………………..1 3. What is the Budapest Convention on Cybercrime?……………………………………………….1 4. What are the key features of the Convention?...........................................................2 5. What are the objectives and priorities of this Convention?.......................................3 6. What are the responsibilities & obligations incumbent upon the State Parties to this Convention?...................................................................................................................4 7. Benefits and drawbacks of the Convention ……………………………………......4 8. -
Internet Governance Forum – Nairobi, Kenya, 27-30 September 2011
Global Project on Cybercrime The cybercrime legislation of Commonwealth States: Use of the Budapest Convention and Commonwealth Model Law Council of Europe contribution to the Commonwealth Working Group on Cybercrime Data Protection and Cybercrime Division Strasbourg, 27 February 2013 www.coe.int/cybercrime Global Project Commonwealth Cybercrime Legislation Page 2 Project funded by Estonia, Japan, Monaco, Romania, United Kingdom, Microsoft and the Council of Europe Contact Disclaimer For further information please contact: This technical report does not necessarily reflect official positions of the Council of Europe or of Data Protection and Cybercrime Division the donors funding this project or of the parties Directorate General of Human Rights and Rule of Law to treaties referred to. Council of Europe Strasbourg, France Tel +33-3-8841-2103 Fax +33-3-9021-5650 Email: [email protected] Global Project Commonwealth Cybercrime Legislation Page 3 Contents 1 Background ______________________________________________________________ 9 1.1 Commonwealth Secretariat Mandate on Cybercrime __________________________________ 9 1.2 Purpose of the report _________________________________________________________ 10 1.3 Sources of information ________________________________________________________ 12 1.3.1 Documents submitted to the Cybercrime Working Group ___________________________ 12 1.3.2 Council of Europe activities carried out under different projects (www.coe.int/cybercrime) _ 12 2 Budapest Convention/Commonwealth Model Law: Overview -
The Council of Europe's Convention on Cybercrime Was Opened For
The Budapest’s Convention as a guarantee limit against cybercrime By Eleni D. Chrysopoulou J.D., Department of Law, Democritus University of Thrace, Greece, B.Sc., M.Sc., Department of Applied Informatics, University of Macedonia, Greece. 1. Introduction The vertiginous growth of the Internet has dramatically changed the way entities interact. Cyberspace enables people to share ideas over great distances and engage in the creation of an entirely new, diverse and chaotic democracy, free from geographic and physical constraints [Aldesco I.A., 2002]. The rapid progress of information technology has achieved significant advances in processing and transmitting data through use of computers and computer networks resulting in substantial benefits to society, including the ability to communicate with others real-time, access a library of information and transmit data instantly [Hopkins L.S., 2003]. The dark side of the above phenomenon is the fostering of new kinds of crimes, additional means to commit existing crimes and increased complexities of prosecuting crimes, since historical obstacles to international crime, such as distance, time and space, have now been eliminated. This international element in the commission of crime, whether it be traditional or new technological computer crime, creates new problems for both legal policy and law enforcement. The above described challenge resulted in the Budapest‟s Convention, which with respect to human rights, aims at the adoption of appropriate and adequate international legal measures by the contracting -
Internet Governance and Human Rights
http://assembly.coe.int Doc. 14789 04 January 2019 Internet governance and human rights Report1 Committee on Culture, Science, Education and Media Rapporteur: Mr Andres HERKEL, Estonia, Group of the European People's Party Summary The internet is a common good and its governance must be a core aspect of public policy, both at national level and in regional and global multilateral relations. It is vital that there is an open and inclusive dialogue among governments, the private sector, civil society, the academic and technical internet community and the media, with a view to developing and implementing a shared vision of a digital society that is based on democracy, the rule of law and fundamental rights and freedoms. Member States are invited to fully implement the recommendations of the Committee of Ministers in this domain. The report calls for public investment policies that are coherent with the objective of universal access to the internet, the commitment of member States to uphold Net neutrality, holistic policies for combating computer crime and abuse of the right to freedom of expression and information on the internet, and an effective implementation of the “security by design” principle. Member States should make better use of the Convention on Cybercrime to enhance interstate collaboration and they should engage with the United Nations High-level Panel on Digital Cooperation and contribute to its work, advocating internet governance that is multi-stakeholder, decentralised, transparent, responsible, collaborative and participatory. 1. Reference to committee: Doc. 13280, Reference 4000 of 30 September 2013. F - 67075 Strasbourg Cedex | [email protected] | Tel: +33 3 88 41 2000 | assembly.coe.int Doc. -
Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities a Practical Guide
Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities A Practical Guide ODIHR Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities A Practical Guide Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Ul. Miodowa 10 00-251 Warsaw Poland www.osce.org/odihr © OSCE/ODIHR 2017 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ ODIHR as the source. ISBN 978-92-9234-945-5 Cover designed by Nona Reuter Designed by Nona Reuter Printed in Poland by Poligrafus Jacek Adamiak Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities A Practical Guide Acknowledgments ODIHR would like to express its gratitude to the Anti-Defamation League (ADL) and the following individual experts, whose contributions were instrumental in the devel- opment of this guide: Rabbi Andrew Baker, Personal Representative of the OSCE Chairperson-in- Office on Combating Anti-Semitism, United States Stacy Burdett, Vice President, Government Relations, Advocacy & Community Engagement, Anti-Defamation League (ADL), United States Jakub Cygan, Main Specialist, Ministry of Internal Affairs and Administration, Poland Paul Giannasi, Head of the Cross-Government Hate Crime Programme, Ministry of Justice, United Kingdom Gabriela Jiraskova, Crisis Management Consultant, World Jewish Congress, Czech Republic Robin Sclafani, Director, CEJI – A Jewish Contribution to an Inclusive Europe, Belgium Michael Whine, Director, Government & International Affairs, Community Security Trust (CST), United Kingdom Contents Foreword vii Executive Summary ix Introduction 1 PART ONE: UNDERSTANDING THE CHALLENGE 5 I. -
A/74/130 General Assembly
United Nations A/74/130 General Assembly Distr.: General 30 July 2019 Original: English Seventy-fourth session Item 109 of the provisional agenda* Countering the use of information and communications technologies for criminal purposes Countering the use of information and communications technologies for criminal purposes Report of the Secretary-General Summary The present report has been prepared pursuant to General Assembly resolution 73/187, entitled “Countering the use of information and communications technologies for criminal purposes”. In that resolution, the General Assembly requested the Secretary-General to seek the views of Member States on the challenges that they faced in countering the use of information and communications technologies for criminal purposes and to present a report based on those views for consideration by the General Assembly at its seventy-fourth session. The report contains information on the views of Member States submitted pursuant to the aforementioned resolution. __________________ * A/74/150. V.19-08182 (E) 190819 200819 *1908182* A/74/130 Contents Page I. Introduction ................................................................... 4 II. Replies received from Governments ............................................... 4 Argentina ..................................................................... 4 Armenia ...................................................................... 6 Australia ..................................................................... 8 Austria ...................................................................... -
Senate Committee on Commerce, Science and Transportation Subcommittee on Communications, Technology, Innovation and the Internet
Testimony of Christopher M.E. Painter Before the United States Senate Committee on Commerce, Science and Transportation Subcommittee on Communications, Technology, Innovation and the Internet Hearing on “The Internet and Digital Communications: Examining the Impact of Global Internet Governance” July 31, 2018 Chairman Wicker, Ranking Member Schatz, members of the Senate Subcommittee on Communications, Technology, Innovation and the Internet, it is a pleasure to appear before you today to discuss the impact of global Internet governance and policies on American businesses, end users and the U.S. policy of promoting and maintaining an open, interoperable, secure and reliable communications and information infrastructure that is the foundation for economic prosperity, innovation, social growth and the exercise of human rights. For over twenty-six years I have devoted my life to cyber and Internet issues, serving as a federal prosecutor specializing in cybercrime, a senior official at the Department of Justice and the FBI, a Senior Director of Cybersecurity Policy at the National Security Council and, most recently, as the first Coordinator for Cyber Issues at the Department of State. I have continued to work on these issues since leaving the federal government, among other things, serving as a Commissioner on the Global Commission for the Stability of Cyberspace and a Board member of the Center for Internet Security. My role as Coordinator for Cyber Issues at the State Department was the first such office established in a foreign ministry. There are now over twenty-five such offices in foreign ministries around the globe. In recognition of the cross-cutting and interdependent nature of cyber and Internet issues — including economic, human rights and security issues — my former office had a broad mandate, and worked with components across the Department, the interagency, the private sector, civil society and other stakeholders, to advance the U.S. -
Retaliatory Hate Crime
Bias Crime Offenders Session C Overview of the Session: At a Glance Presentation: Offender Typology 30 minutes Presentation: Organized Hate Groups 15 minutes Activity: Analysis of Three Video Segments 45 minutes TOTAL TIME 90 minutes Objectives By the end of this session, participants will be able to: • Describe the characteristics of three types of bias crime offenders • Give examples of retaliatory hate crimes and discuss the impor- tance of appropriate responses • Describe the characteristics of organized hate groups • Identify offender typology, given a case example Materials and Equipment Time: 90 minutes Videos: “That Old Gang of Mine” (interview with Eric, former skinhead), 1990 “On Hate Street,” 48 Hours, CBS, 1992 “Licensed to Kill,” Arthur Dong, Deepfocus Productions, 1997 (See page 56 for ordering information.) Handouts: Thrill-Seeking Offenders; Case Studies of Typical Offenders; Reactive Offenders; Mission Offenders; Offender Typology Video Observation Form Transparencies: Important of Understanding Offender Typology; Retaliatory Hate Crimes; Organized Hate Groups Equipment: Overhead projector; screen; VCR; monitor Session C. Bias Crime Offenders Instructor’s Notes I. Presentation: Offender Typology (30 minutes) Explain the following: • Jack Levin and Jack McDevitt of Northeastern University identified three different types of hate crime offenders in their book on bias crime, Hate Crime: The Rising Tide of Bigotry and Bloodshed: thrill-seeking offenders, reactive offenders, and mission offenders. • These are not necessarily -
Penalizing Holocaust Denial: a View from Europe
Penalizing Holocaust Denial: A View from Europe Aleksandra Gliszczyńska-Grabias* The visual evidence and the verbal testimony of starvation, cruelty and bestiality were so overpowering as to leave me a bit sick. In one room, where [there] were piled up twenty or thirty naked men, killed by starvation, George Patton would not even enter. He said that he would get sick if he did so. I made the visit deliberately, in or- der to be in a position to give first-hand evidence of these things if ever, in the future, there develops a tendency to charge these allegations merely to “propaganda.” 1 General Dwight D. Eisenhower. The alleged Hitlerian gas chambers and the alleged genocide of the Jews form one and the same historical lie, which permitted a gigantic financial swindle whose chief beneficiaries have been the State of Israel and international Zionism, and whose main victims have been the German people and the Palestinian people as a whole. 2 Robert Faurisson. I. INTRODUCTION Incorporating Holocaust denial into the catalogue of issues governed by legal provi- sions, and in particular by the provisions of criminal law, raises a number of under- standable doubts. Aside from the controversies related to the indisputable interference with freedom of speech, there are problems concerning the form of legal provisions that would ban the dissemination of the negationists’ theories, as well as difficulties in guaranteeing the effectiveness and consistency of their proper enforcement.3 * Research Assistant, Poznań Human Rights Centre, Institute of Legal Studies of the Polish Academy of Sciences; Graduate Fellow, Yale Initiative for the Interdisciplinary Study of Anti- semitism (YIISA), Yale University. -
The State of Cybercrime Legislation in Africa – an Overview
Version 11 May 2015 The state of cybercrime legislation in Africa – an overview Council of Europe/Project Cybercrime@Octopus1 1. Introduction: Why should countries of Africa adopt legislation on cybercrime and electronic evidence? Cybercrime is not only a question of attacks against the confidentiality, integrity and availability of computer data and systems but against the core values and the human development potential of societies increasingly relying on information technology. In the light of this, governments cannot remain passive; they have the obligation to protect society and individuals against crime. In practice, however, governments face serious challenges: . while millions of attacks against computers and data are recorded each day worldwide, only a small fraction of cybercrime2 – that is, offences against and by means of computers – is actually prosecuted and adjudicated; . moreover, evidence in relation to any crime is increasingly available in electronic form on computer systems or storage devices and needs to be secured for criminal proceedings.3 Criminal investigations not relying on electronic evidence seem to become the exception. An effective criminal justice response is needed. This involves the investigation, prosecution and adjudication of offences against and by means of computer systems and data as well as the securing of electronic evidence in relation to any crime. It also requires efficient international cooperation given the transnational nature of cybercrime and in particular of volatile electronic evidence. 2. A legal framework on cybercrime and electronic evidence: what is required? Governments are not only obliged to take effective measures for the prevention and control of cybercrime and other offences involving electronic evidence, but they must also respect human rights and rule of law requirements when doing so. -
Cahai-Pdg(2020)01
Strasbourg, 13 October 2020 CAHAI-PDG(2020)01 AD HOC COMMITTEE ON ARTIFICIAL INTELLIGENCE (CAHAI) POLICY DEVELOPMENT GROUP (CAHAI-PDG) Draft Feasibility Study V.0.3. www.coe.int/cahai 1. General introduction 1. The Council of Europe is the continent's leading human rights organisation and the guardian of the rights of some 830 million Europeans. Throughout the transformations of our society since 1949, the Council of Europe has constantly ensured that human rights and fundamental freedoms, as well as democracy and the rule of law, guide development, including technological development. The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data ("Convention 1081" and "108+"2), the Convention on Human Rights and Biomedicine ("Oviedo Convention"3) and the Convention on Cybercrime ("Budapest Convention"4), the Convention on Elaboration of a European Pharmacopeia5 are some of the Organisation's legal instruments that have become recognised European or world standards, reconciling innovation and regulation for the benefit of human beings through common standards and frameworks. Although the European Convention on Human Rights (ECHR) does not specifically mention scientific and technological development, the dynamic interpretation provided by the European Court of Human Rights (ECtHR) in its case law has allowed it to address many different aspects related to this development. 2. Specifically, in the digital domain, the advances of the last decades have fundamentally transformed society by providing new tools for communication, information consumption, education, entertainment, commercial transactions and many other facets of daily life. Thanks to the detection of patterns and trends in large datasets using statistical methods, algorithmic systems now offer the possibility to recognise images or sound, streamline services and achieve huge efficiency gains in the performance of complex tasks. -
Hate Crime and Civil Rights Violation Protocol
PROTOCOL FOR IDENTIFYING, INVESTIGATING, RESPONDING TO, AND REPORTING HATE AND BIAS CRIMES AND INCIDENTS I. First tier: Responding officers 1. Determine whether there is any evidence that an incident or potential crime is or may be bias-, hate-, or identity-motivated. 2. If yes: a. Collect all evidence of bias, hate, or identity motivation that is immediately available; b. Identify the incident or crime as a “potential bias incident or crime” in prepared reports and/or notes; and c. Promptly notify the civil-rights designee within your own department of the potential bias incident or crime. 3. Determine whether additional resources are needed on the scene, such as interpreters, community affairs/relations representatives, mental/physical health professionals, and/or the clergy, to support the victim. II. Second tier: Civil-rights designee 1. Promptly notify the Attorney General’s Office (“AGO”) Civil Rights Unit and the applicable county attorney of the potential bias incident or crime, and provide copies of all available notes and reports; 2. Ensure that the local police department works with the AGO Civil Rights Unit to determine any need for additional investigation; 3. Work with the AGO Civil Rights Unit and county attorney’s office to determine whether the incident at issue constitutes a hate crime and/or a civil rights violation; 4. Serve as direct contact between the AGO Civil Rights Unit and the local department; and 5. Track all bias incidents, hate crimes, and civil-rights violations, and ensure that the department reports all to the FBI annually. III. Third tier: AGO Civil Rights Unit and County Attorneys 1.