A/CONF. 187/10 A/CONF. 187/10 exist, it is more the norm for one or more computer 9. Cyber crime refers to any crime that can be systems, including personal computers, to be committed by means of a computer system or network, in interconnected and form a network. No distinction is made a computer system or network or against a computer here between private and public networks, or based on system or network. In principle, it encompasses any crime whether they have permanent connections. In the present capable of being committed in an electronic environment paper, unless stated otherwise, telecommunication systems In this paper, "crime"refers to forms of behaviour are grouped in the same category as computer systems and generally defined as illegal, or likely to be criminalized networks within a short period of time. Certain conduct may be 7. At present, the Internet is a well-known example of State where it is not in others bi explosive growth in the last decade. It owes much of its developed in certain international forums about which Any system or network operator who applies such should be criminalized. This is the starting point for the protocols can easily become a link in the network as a following provider, referred to in the present paper as an Internet 10. The focus here is the criminal investigation and service provider. For commercial and technical reasons, prosecution of cyber crime. The designation "law he Internet service providers in some countries organize enforcement authorities refers to those charged by law themselves into associations or societies, developing with the investigation and prosecution of crime. Some common positions on certain issues. Estimates show that Member States have set up specialized units to investigate today over 200 million people in the world use the Internet, or assist in the investigation of computer-related crime of whom 112 million are in North America, 47 million in Internationally, the International Criminal Police Europe and 33 million in Asia and the Pacific region. At Organization(Interpol) is the coordinating organization for he end of 1995, statistics showed 26 million users, the registering and distributing police information that ajority of whom resided in the United States of America. concerns issues such as wanted persons and stolen In 1999, the monthly increase in users was estimated at property more than 3 per cent 11. In investigating cyber crime, the law enforcement 8. The core function of a computer system is the authorities of a State may seek the cooperation of processing of data. The term data is defined as facts, authorities from other States, both in the form of assistance instructions or concepts represented in a conventional with specific cases and in the sharing of general manner, in a form suitable for human understanding or information about criminal organizations and cases. They automated processing. Electronic data are represented by may, in the course of a particular investigation, request the a string of magnetic spots on a permanent or temporary use of materials available in other States. The scope of storage medium, or in the form of electric charges when cooperation among national law enforcement authorities is being transferred. When data can be identified and determined by the national law of each State, as well as by controlled by a particular data carrier, such as data stored international agreements, including agreements on mutual on a(set of) floppy disks they can, from a legal point of legal assistance view, be considered one tangible material object. In 12. Common examples of abuse of international general, data processed in a computer system can no longer computer networks include communicating expressions be qualified and controlled by means of their carrier. forbidden by law, offers of illegal products or false offers Operating systems autonomously move data files from one physical place on a storage medium to another. Inin order to obtain illegal financial profits.Here,the computer networks, distributed data processing makes it instrument or tool that may be used to commit a crime. The impossible for those in control of data to establish the network itself is the environment of the crime, rather than physical location of the whole or a part of a file without an indispensable attribute for its perpetration. The specific specific measures. Data as such can be controlled only qualities of the Internet may induce a perpetrator to use it through logical operations not physical acts, which makes it difficult to treat pure data, in law, as if they were instead of traditional means: it offers excellent communication facilities and the possibility of hiding ones tangible objects dentity, and the risk of being subjected toA/CONF.187/10 A/CONF.187/10 4 exist, it is more the norm for one or more computer systems, including personal computers, to be interconnected and form a network. No distinction is made here between private and public networks, or based on whether they have permanent connections. In the present paper, unless stated otherwise, telecommunication systems are grouped in the same category as computer systems and networks. 7. At present, the Internet is a well-known example of a public computer network. It has gone through an explosive growth in the last decade. It owes much of its success to the use of common communication protocols. Any system or network operator who applies such protocols can easily become a link in the network as a “provider”, referred to in the present paper as an Internet service provider. For commercial and technical reasons, the Internet service providers in some countries organize themselves into associations or societies, developing common positions on certain issues.1 Estimates show that today over 200 million people in the world use the Internet, of whom 112 million are in North America, 47 million in Europe and 33 million in Asia and the Pacific region.2 At the end of 1995, statistics showed 26 million users, the majority of whom resided in the United States of America. In 1999, the monthly increase in users was estimated at more than 3 per cent. 8. The core function of a computer system is the processing of data. The term data is defined as facts, instructions or concepts represented in a conventional manner, in a form suitable for human understanding or automated processing.3 Electronic data are represented by a string of magnetic spots on a permanent or temporary storage medium, or in the form of electric charges when being transferred. When data can be identified and controlled by a particular data carrier, such as data stored on a (set of) floppy disks they can, from a legal point of view, be considered one tangible material object. In general, data processed in a computer system can no longer be qualified and controlled by means of their carrier. Operating systems autonomously move data files from one physical place on a storage medium to another. In computer networks, distributed data processing makes it impossible for those in control of data to establish the physical location of the whole or a part of a file without specific measures. Data as such can be controlled only through logical operations not physical acts, which makes it difficult to treat pure data, in law, as if they were tangible objects. 9. Cyber crime refers to any crime that can be committed by means of a computer system or network, in a computer system or network or against a computer system or network. In principle, it encompasses any crime capable of being committed in an electronic environment. In this paper, “crime” refers to forms of behaviour generally defined as illegal, or likely to be criminalized within a short period of time. Certain conduct may be criminalized in one State where it is not in others but, as explained in paragraph 13, a common understanding has developed in certain international forums about which behaviour in relation to computer systems and networks should be criminalized. This is the starting point for the following discussion. 10. The focus here is the criminal investigation and prosecution of cyber crime. The designation “law enforcement authorities” refers to those charged by law with the investigation and prosecution of crime. Some Member States have set up specialized units to investigate or assist in the investigation of computer-related crime. Internationally, the International Criminal Police Organization (Interpol) is the coordinating organization for registering and distributing police information that concerns issues such as wanted persons and stolen property. 11. In investigating cyber crime, the law enforcement authorities of a State may seek the cooperation of authorities from other States, both in the form of assistance with specific cases and in the sharing of general information about criminal organizations and cases. They may, in the course of a particular investigation, request the use of materials available in other States. The scope of cooperation among national law enforcement authorities is determined by the national law of each State, as well as by international agreements, including agreements on mutual legal assistance. 12. Common examples of abuse of international computer networks include communicating expressions forbidden by law, offers of illegal products or false offers in order to obtain illegal financial profits. Here, the Internet is being used in the same manner as any other instrument or tool that may be used to commit a crime. The network itself is the environment of the crime, rather than an indispensable attribute for its perpetration. The specific qualities of the Internet may induce a perpetrator to use it instead of traditional means: it offers excellent communication facilities and the possibility of hiding one’s identity, and the risk of being subjected to criminal