A/CONF. 187/10 I. Legislative background (a) Criminal behaviour can take pla ace in an electronic environment. Investigation of cyber crimes, that 1.The General Assembly, in its resolution 52/91 of is, any crime committed in an electronic network, requires 12 December 1997, decided that one of four workshops to particular expertise, investigating procedures and legal be held at the Tenth United Nations Congress on the powers that may not be available to law enforcement Prevention of Crime and the Treatment of Offenders authorities of the State concerned should be on the issue of crimes related to the computer b) International computer networks, such as the network. The Assembly, in its resolution 53/110 of Internet, are open environments that enable users to act 9 December 1998, endorsed the programme of work for the beyond the borders of the State in which they are located Tenth Congress, which included four technical workshops, However, investigative efforts of law enforcement one of them dealing with crimes related to the computer authorities in general should be restricted to the territory of network. In the resolution, the Assembly emphasized the their own State. This means that crime control in open importance of the workshops and invited Member States, computer networks requires intensified international non-governmental organizations and other relevant entities cooperation to support financially, organizationally and technically the (c) The open structures of international computer preparations for the workshops, including the preparation networks offer users the opportunity to choose the legal and circulation of relevant background material environment that best suits their purposes. Users may 2. In its resolution 54/125 of 17 December 1999, the choose a country where certain forms of behaviour capable Assembly encouraged States, other entities concerned and of being executed in an electronic environment have not the Secretary-General to work together in order to ensure been criminalized. This can attract criminal activity by that the four workshops to be held during the Tenth persons from other States where such activities are Congress focus clearly on the respective issues and achieve criminal under their domestic law. The occurrence ofdata practical results, and invited interested Governments to havens"States where reducing or preventing the misuse follow up with concrete technical cooperation projects or of computer networks is not a priority, or where no activities. In response to the resolution, the Asia and Far effective procedural laws have been developed-may East Institute for the Prevention of Crime and the impede the efforts of other countries to control crime Treatment of offenders organized two meetings of experts computer networks on crimes related to the computer network, at which most of the substantive preparations for the computer crime 4.. The focus of the following discussion is on how to achieve coordinated international action in order workshop were made. The Centre for International Crime facilitate, enhance and improve current methods of Prevention acknowledges the efforts of the Asia and Fat combating cyber crime. Of particular interest is the role East Institute for the Prevention of Crime and the that can be played by the United Nations or other Treatment of Offenders and the expert group in making international organizations. Background information is his workshop possible provided regarding the workshop on crimes related to the IL. Aim and scope of the paper 5. The following discussion outlines the types of crimes envisaged for international electronic networks and 3. The emergence of international computer networks, explores why such crimes need international attention and such as the Internet. enables users to engage in combined efforts. The definition of such crimes should communications. actions and transactions with other users bring a common international understanding and guide all over the world. Since legitimate and illicit use of national criminal policies in the field computers and networks can go hand in hand, it follows that those exploring the opportunities of the new medi include criminally motivated individuals and groups. III. Categories of cyber crime rime control in todays environment of international computer networks is complicated for three major reasons: 6. The terms computer systems or computer networks are used in the present paper to refer generally to the electronic environment. Although stand-alone systems stillA/CONF.187/10 3 I. Legislative background 1. The General Assembly, in its resolution 52/91 of 12 December 1997, decided that one of four workshops to be held at the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders should be on the issue of crimes related to the computer network. The Assembly, in its resolution 53/110 of 9 December 1998, endorsed the programme of work for the Tenth Congress, which included four technical workshops, one of them dealing with crimes related to the computer network. In the resolution, the Assembly emphasized the importance of the workshops and invited Member States, non-governmental organizations and other relevant entities to support financially, organizationally and technically the preparations for the workshops, including the preparation and circulation of relevant background material. 2. In its resolution 54/125 of 17 December 1999, the Assembly encouraged States, other entities concerned and the Secretary-General to work together in order to ensure that the four workshops to be held during the Tenth Congress focus clearly on the respective issues and achieve practical results, and invited interested Governments to follow up with concrete technical cooperation projects or activities. In response to the resolution, the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders organized two meetings of experts on crimes related to the computer network, at which most of the substantive preparations for the computer crime workshop were made. The Centre for International Crime Prevention acknowledges the efforts of the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders and the expert group in making this workshop possible. II. Aim and scope of the paper 3. The emergence of international computer networks, such as the Internet, enables users to engage in communications, actions and transactions with other users all over the world. Since legitimate and illicit use of computers and networks can go hand in hand, it follows that those exploring the opportunities of the new medium include criminally motivated individuals and groups. Crime control in today’s environment of international computer networks is complicated for three major reasons: (a) Criminal behaviour can take place in an electronic environment. Investigation of cyber crimes, that is, any crime committed in an electronic network, requires particular expertise, investigating procedures and legal powers that may not be available to law enforcement authorities of the State concerned; (b) International computer networks, such as the Internet, are open environments that enable users to act beyond the borders of the State in which they are located. However, investigative efforts of law enforcement authorities in general should be restricted to the territory of their own State. This means that crime control in open computer networks requires intensified international cooperation; (c) The open structures of international computer networks offer users the opportunity to choose the legal environment that best suits their purposes. Users may choose a country where certain forms of behaviour capable of being executed in an electronic environment have not been criminalized. This can attract criminal activity by persons from other States where such activities are criminal under their domestic law. The occurrence of “data havens”—States where reducing or preventing the misuse of computer networks is not a priority, or where no effective procedural laws have been developed—may impede the efforts of other countries to control crime in computer networks. 4. The focus of the following discussion is on how to achieve coordinated international action in order to facilitate, enhance and improve current methods of combating cyber crime. Of particular interest is the role that can be played by the United Nations or other international organizations. Background information is provided regarding the workshop on crimes related to the computer network. 5. The following discussion outlines the types of crimes envisaged for international electronic networks and explores why such crimes need international attention and combined efforts. The definition of such crimes should bring a common international understanding and guide national criminal policies in the field. III. Categories of cyber crime 6. The terms computer systems or computer networks are used in the present paper to refer generally to the electronic environment. Although stand-alone systems still