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Transnational Cooperation in Cybersecurity Law Enforcement View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by AIS Electronic Library (AISeL) Proceedings of the 52nd Hawaii International Conference on System Sciences | 2019 The Role of Transnational Cooperation in Cybersecurity Law Enforcement Adonis Palustre David Croasdell University of Nevada, Reno University of Nevada, Reno [email protected] [email protected] Abstract Citizens in numerous communities across the world rely on international criminal groups to provide basic services. Finally, the international community requires Cybersecurity has become a significant focal point solid data to gauge the challenge and effectiveness of for law enforcement, businesses, and consumers with responses. However, data on transnational organized the significant advancements made in cyber crime is often politicized and notoriously difficult to technologies, cyber use, and cybercrimes, [16]. gather [5]. Organized cybercrime includes activities such as For almost seven years, Avalanche grew into one skimming, botnets, provision of child pornography and of the world’s most sophisticated criminal syndicates advance fee fraud. Unorganized cybercrime could be resembling an international conglomerate staffed by simple fraud, downloading child pornography, trolling corporate executives, advertising salespeople, and or uttering threats. Both organized and unorganized customer service representatives. The business activities have grown more prevalent in today’s digital provided a one-stop shop for criminals lacking landscape. The media sensationalize breaches, such as technical expertise but possessing the motivation and the hacking of HBO’s Game of Thrones episodes and ingenuity to perpetrate a scam. At the peak of their the Equifax data breach. These incidents get much cyber activities, Avalanche helped enable the hijacking fanfare shifting focus to law enforcement agencies of hundreds of thousands of computer systems in their plans to address the crimes. We need to know more homes and businesses around the world [4]. When it about the effectiveness of measures against cybercrime comes to the cybercriminal enterprise, a need for a and the cooperation between nations against strong and reliable technology is required. What cybercrime. This manuscript examines this issue by separates large operations, such as Avalanche, from the exploring how transnational cooperation succeeded in smaller groups is business acumen [4]. Large the apprehension of wanted individuals in Operation enterprises run underground markets, forums and Avalanche. message systems that are often hosted on the deep web. They operate like a ‘regular’ business buying products 1. Introduction to handle their email, spreadsheets and document sharing, and hosting websites on Amazon with World economies have become more global over payments handled by PayPal [4]. Legitimate service the past two decades. Globalization has been mirrored platforms coupled with nefarious means to conduct by growth in illicit digital activity. The global impact of business have created a service-based economy of transnational crime has risen to unprecedented levels. cybercrime. In December 2016, everything came to a Criminal groups have diversified their activities, screeching halt for Avalanche. Europol, the European appropriated new technologies and adapted horizontal Union’s law enforcement agency, arrested five people network structures that are difficult to trace and stop. The and seized 39 computer servers following a four- year- result has been an unparalleled scale of international long international investigation of Avalanche. Police crime. For many reasons, global transnational crime agencies representing 30 countries participated in the presents nations with a particularly challenging task. By effort to shut down the group that had caused hundreds definition, transnational crime crosses borders. But, of millions of dollars in damage through its traditional law enforcement institutions were primarily cyberattacks [25]. constructed to maintain order within national The rapid development of computer connectivity boundaries. In addition, transnational crime affects and the role of the internet in the emergence of new nations in diverse ways. In many states, political e-commerce have compelled national governments institutions have strong links to transnational crime. and international agencies to address the need for URI: https://hdl.handle.net/10125/59996 ISBN: 978-0-9981331-2-6 Page 5598 (CC BY-NC-ND 4.0) regulation and safety on the information combat cybercrime. Some these organizations are superhighways [2]. Cybercrimes happen on a regular listed below along with their strategies to combat basis and it is very likely that a much bigger and more cybercrime. technically sophisticated cybercrime enterprise will In 1990, the United Nations (UN) General rise up after the demise of Avalanche. It is almost a Assembly adopted a resolution on computer crime given that such operations will transcend national [23]. In 2000, the same body adopted a resolution to borders and will be operated internationally. So, how combat the criminal misuse of information technology. can law enforcement agencies successfully pursue In 2002; it adopted a second resolution on the criminal cyber criminals? The complex transnational nature of misuse of information technology [6]. The G8, cyber investigations requires international cooperation comprised of the heads of eight industrialized between public and private organizations through countries: the United States, the United Kingdom, information sharing and new cyber legislations at an Russia, France, Italy, Japan, Germany, and Canada, unprecedented level to successfully impact on top- supported the position through a public announcement. level cybercriminals. The communiqué mandated that all law enforcement personnel be trained and equipped to address 2. Literature Review: cybercrime. In included an action plan and principles Frameworks for Cooperation to combat cybercrime and protect data and systems from unauthorized impairment. Further, the resolution stipulated that member countries have a point of In 1992, the United Nations Economic and Social contact on a 24 hour a day, 7 days a week basis [29]. Council observed that international experience shows In 2001, the 47 member-state Council of Europe that organized crime has crossed national borders to (CoE) established the first international Convention on become transnational. Aspects of societal evolution may association with 25 other countries make powerful criminal organizations even more Cybercrime in across the globe. The Convention addresses crimes impenetrable and facilitate the expansion of their illegal committed via the Internet and other computer activities [23]. A traditional transnational crime would networks, dealing particularly with infringements of involve terrorism, national privacy, drug trafficking, copyright, computer- related fraud, child pornography trafficking in persons, trafficking in arms and other and violations of network security [1]. The forms of organized crime, all of which threaten national Convention, apart from enhancing mutual legal security and undermine sustainable development and the assistance (MLA), provides comprehensive powers to: rule of law. The United Nations system assists Member States in their fight against transnational organized crime. A number of international conventions on drug • expedite reservation of stored computer data control, and the UN Convention against Transnational and partial disclosure of traffic data Organized Crime and its protocols on human trafficking, • make production orders migrant smuggling and trafficking of firearms, as well as • search computer systems; to seize stored the ‘UN Convention against Corruption’, constitute the computer data key framework for a strategic response. The ‘United • enable real-time collection of traffic data; Nations Office on Drugs and Crime’ is the guardian of and to intercept the content of questionable the related international conventions. electronic data [2]. Cybercrime creates an unprecedented need for concerted action from government and industry, but also The main objective of the European Convention is unprecedented challenges to effective international to adopt a common criminal policy aimed at the cooperation. An offense may produce victims in many protection of society against cybercrime, especially by countries, as in cases involving virus attacks, copyright adopting appropriate legislation and fostering violations, and other offences carried out globally international cooperation. through the internet. This in turn may result in cross- Various regional frameworks were established in border conflicts regarding which jurisdiction(s) should the early 2000s to address the growing need to pursue prosecute the offender and how such prosecutions are transnational cybercrimes. The Asia-Pacific carried out to avoid inconvenience to witnesses, Economic Cooperation (APEC) issued a mandate in duplication of effort, and unnecessary competition August 2002 to combat cybercrimes at the regional among law enforcement officials [3]. level and provide assistance to international Keeping this in mind, regional international conventions. Their cyber security strategy is intended organizations were formed in an effort to maintain to assist economies in the region to enhance their cybersecurity and harmonize international measures to legislative frameworks to combat cybercrime and to Page 5599
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