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Combatting Cybercrime: Tools and Capacity Building for Emerging Economies, Washington, DC: World Bank License: Creative Commons Attribution 3.0 IGO (CC by 3.0 IGO) Combatting Cybercrime Tools and Capacity Building for Emerging Economies Page 1 | Chapter 1 | § Table of Contents Combatting Cybercrime Tools and Capacity Building for Emerging Economies Some Rights Reserved This work is a co-publication of The World Bank and the United Nations. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent, or those of the United Nations. The World Bank and the United Nations do not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank or the United Nations concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank or the United Nations, all of which are specifically reserved. Rights & Permission This work is available under the Creative Commons Attribution 3.0 IGO license (CC BY 3.0 IGO) http://creativecommons.org/licenses/by/3.0/igo. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution — Please cite the work as follows: World Bank and United Nations. 2017. Combatting Cybercrime: Tools and Capacity Building for Emerging Economies, Washington, DC: World Bank License: Creative Commons Attribution 3.0 IGO (CC BY 3.0 IGO). Translations — If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by the World Bank the United Nations and should not be considered an official World Bank or United Nations translation. Neither the World Bank nor the United Nations shall be liable for any content or error in this translation. Adaptations — If you create an adaptation of this work, please add the following disclaimer along with the attribution: This is an adaptation of an original work by The World Bank. Views and opinions expressed in the adaptation are the sole responsibility of the author or authors of the adaptation and are not endorsed by The World Bank. Third Party Content — The World Bank and/or the United Nations do not necessarily own each component of the content contained within the work. The World Bank and the United Nations therefore do not warrant that the use of any third-party-owned individual component or part contained in the work will not infringe on the rights of those third parties. The risk of claims resulting from such infringement rests solely with you. If you wish to re-use a component of the work, it is your responsibility to determine whether permission is needed for that re-use and to obtain permission from the copyright owner. Examples of components can include, but are not limited to, tables, figures, or images. All queries on rights and licenses should be addressed to the World Bank Publications, The World Bank, 1818 H Street, NW, Washington, DC, 20433; USA; email: [email protected]. © 2017 United Nations and International Bank for Reconstitution and Development/The World Bank 1818 H Street, NW, Washington, D.C., 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Acknowledgments This Toolkit was developed under a project, Combating Cybercrime: Tools and Capacity Building for Emerging Economies (Project), financed by a grant from the Korean Ministry of Strategy and Finance under the Korea- World Bank Group Partnership Facility (KWPF) Trust Fund. The team gratefully acknowledges financial support from the Korean Ministry of Strategy and Finance that made this Project possible. The Project team was headquartered in the World Bank, and Marco Obiso, Preetam Maloor and Rosheen Awotar-Mauree included the following participating organizations: the Council of ITU; Francesca Bosco and Arthur Brocato of UNICRI; Sadie of Europe (CoE), the International Association of Penal Law Creese, Eva Ignatuschtschenko and Lara Pace of Oxford; Cecile (AIDP), the International Telecommunication Union (ITU), the Barayre of UNCTAD; Alexander Seger and Betty Shave of CoE; Korea Supreme Prosecutors Office (KSPO), the Oxford Cyber- and Neil Walsh, Dimosthenis Chrysikos and Bilal Sen of security Capacity Building Centre (Oxford), the United Nations UNODC. Conference on Trade & Development (UNCTAD), the United The Team would also like to express its gratitude to peer Nations Interregional Crime and Justice Research Institute reviewers, Professor Ian Walden, Queen Mary University of (UNICRI) and the United Nations Office on Drugs & Crime London, and Steven Malby of the Commonwealth. The team (UNODC). is also grateful for the time, consultations and valuable inputs The Project team at the World Bank was led by David Satola received from staff at INTERPOL’s Global Complex for and included Seunghyun Bahn, Evarist Baimu, Nigel Marc Innovation in Singapore including Madan Oberoi, Mustafa Bartlett, Jinyong Chung, Conrad C. Daly, Heike Gramckow, Erten, Steve Honiss, Silvino Schlickmann and Tomas Herko. Theodore Christopher Kouts, Clay Lin, Rishabh Malhotra, James The Toolkit and Assessment Tool were also the subject of several Neumann, Marco Nicoli, Diana Norman, Elizabeth Anne Norton, consultation events, conferences and workshops held at or with Seunghwan Park, Sandra Sargent, Dolie Schein, Hyunji Song, the sponsorship of the CoE, Europol, INTERPOL, ITU, the Korea Emilio C. Viano, Georgina Weise, Christiaan van der Does de Institute of Criminology, UNCTAD, UN and Central Bank of Willebois, Stuart Yikona, Keong Min Yoon and Tamika Zaun. Qatar. The team thanks the participants in all of these events The Team owes a special debt of gratitude to Hyunji Song, for and at these organizations for the opportunities to raise her unflagging commitment and contributions to this project awareness of this Project and for helpful comments and too numerous to mention here. Without her research and suggestions. organizational skills, initial drafting efforts and intellectual The team apologizes to any individuals or organizations guidance, this Project could not have been realized. inadvertently omitted from this list. The contributions of the following people from the participating The Toolkit, Assessment Tool, and Website designed and organizations are recognized. From KSPO, Youngdae Kim, developed by Informatics Studio: www.informatics-studio.com. Seokjo Yang, Heesuk Lee and Seungjin Choi. Luc Dandurand, Foreword Advances in technologies over the last 20 years have affected virtually every aspect of the way we live and conduct our daily lives. While these technologies have been a source of good and enabled social and economic progress around the world, hardly a day goes by without news of yet another cyberattack, or the use of technology in the commission of crime. Here, at the World Bank, we know that in order for technologies, including the internet, to continue to be used as a force for economic growth and development, measures must be taken to ensure the security of the internet and the data and communications that flow over it. This book, Combatting Cybercrime: Tools and Capacity Building for Emerging Economies, is an important contribution to the global effort for a safe, secure and equitable internet. It focuses on building the human capacity of policy-makers, legislators, judges, lawyers, prosecutors, investigators and civil society on the various legal issues that comprise the fight against cybercrime. Though focusing on legal matters, Combatting Cybercrime recognizes that the challenge is much larger, and, accordingly, builds from the perspective that an effective response to ever-more sophisticated cybercrime requires a multidisciplinary, multi-stakeholder, public-private approach. In addition to serving as a resource in the traditional sense, Combatting Cybercrime includes an online Assessment Tool that enables countries to more accurately identify priority areas, that facilitates a focused and targeted allocation of scarce, capacity-building resources. Much like the collective approach that is required to fight cybercrime, Combatting Cybercrime is also the result of a collective effort among some of the key global and regional organizations, both public and private, whose expertise and experience are synthesized in this book. I would like to thank the organizations and their staff who contributed to this important work, as well as the Government of Korea for its generous funding and leadership in this area that made Combatting Cybercrime possible. It is our collective hope that Combatting Cybercrime will be a useful resource in building capacity on these key legal issues in the global fight against cybercrime, and would invite readers to consult the project website for updates. The Toolkit, the Assessment Tool and a library of pertinent sources can be found and freely accessed at www.combattingcybercrime.org. Sandie Okoro Senior Vice President and General Counsel The World Bank Table of Contents 1. Introductory Part 10 6. Capacity-Building 225 An overall introduction to the Toolkit, View An overview of capacity-building issues View highlighting some of the main the issues around Print for policy makers and legislators, law Print cybercrime and describing some of the main enforcement, consumers and cooperation challenges to fighting
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