PEACE AND JUSTICE IN CYBERSPACE

Cyberspace, as the fith common domain - after land, sea, air and outer space, is in great need for coordination, cooperation and legal measures among all nations. A cyberspace treaty or a set of treaties at the United Nations level, including cybersecurity and cybercrime, should be the global framework for peace and justice in cyberspace. Cyberspace should be a part of the progressive development of international law. 

The most serious cybercrimes and cyberattacks of global concern should be investigated and prosecuted based on international law, and sentenced by an international Court or Tribunal for cyberspace.


Stein Schjolberg

Judge

biography

2012

  1. The Third EastWest Institute (EWI) Worldwide Cybersecurity Summit, New Dehli, India, October 31 - November 1, 2012

  2. 13th International Law Congress, Queenstown, New Zealand, September 12-16, 2012

  3. ERA Conference on Cybercrime, Milan, May 24-25, 2012

  4. International Engagement on Cyber: Establishing International Norms & Improved Cyber Security, Georgetown University, Washington DC, USA, April 10, 2012.

  1. 2012

  2. March

  3. Potential new legal mechanisms against global cyberattacks and cybercrime, including a International Criminal Tribunal for Cyberspace,  was introduced by Judge Stein Schjolberg. 

  4. The Shoura Council in Saudi Arabia has approved the Arab League Convention to combat cyber crimes.

  5. A Legal Analysis has been published of the The Cyber Crime Protection Security Act (S.2111) in the US Senate.

  6. February

  7. The Bill C-30 has been recommended to the House of Commons in Canada entitled: «An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts.»

  8. January

  9. The Senate in The Philippines has approved the final reading of the Senate Bill 2796: The Cybercrime Prevention Act of 2012. (pdf) In addition to the traditional Articles on substantive criminal law, the Bill also includes offences on cybersex and cybersquatting.


  10. 2011

  11. December

  12. In the National Defense Authorization Act for Fiscal Year 2012 (H.R. 1540), the U.S. Congress has in Sec. 954 MILITARY ACTIVITIES IN CYBERSPACE, affirmed the policy principles and legal regimes applicable on conflicts in cyberspace:

    «Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, Allies and interests, subject to—
    (1) the policy principles and legal regimes that the Department follows for kinetic capabilities, including the law of armed conflict; and
    (2) the War Powers Resolution (50 U.S.C. 1541 et seq.).»

  13. China is willing to work with the United States in order to advance the development of information technology and fight cybercrime. The two countries should respect each other and deepen mutual understanding. The two countries should also jointly play active roles within the framework  of the United Nations mechanisms.


  14. November

  15. Professor Marco Gercke, Germany, has published an article: «10 years Convention on Cybercrime - Achievements and Failures of the Council of Europe´s Instrument in the fight against Inter-related Crimes». He  concludes that it is today one of the most important legal frameworks in Europe.


He is listing the reasons why the Convention did not succeed at a global level as follows:

   «It starts with a missing involvement of developing countries in the drafting   process, a more demanding accession procedure compared to UN Conventions, a lack of updates in response to latest trends, the absence of regulations for electronic evidence and liability of Internet Service Provider (ISP), missing field offices outside Europe and maybe most importantly a lack of supporting capacity building that is especially relevant for developing countries.»   See Computer Law Review International 2011, Issue 5, page 142-149.


  1. October

  2. INTERPOL and Europol have agreed on establishing a collaborative action plan against transnational crime, including cybercrime.

  3. A Bill to combat cybercrime has been introduced in Bahrain.

  4. Read the debate in the Australian House of Representatives on the Cybercrime Legislation Amendment Bill of 2011; Second Reading.


  1. September

  2. China, Russia, Tajikstan, and Uzbekistan have sent a letter to UN Secretary-General Ban Ki-moon, and suggests a code of conduct on the use of information technologies by countries. It is focused on threats to international stability, fighting cybercrime and prevent the use of cyberspace for terrorism.


August

  1. China - The Supreme People´s Court (SPC) and Supreme People´s Procuratorate (SPP) have issued legal interpretations on hacking and other Internet crimes. The interpretations entered into force on September 1, 2011.  


  2. July

  3. Russia has made a suggestion for drafting a United Nations Convention on combatting cybercrime and cyberattacks. This is necessary because the excisting Council of Europe Convention on Cybercrime is outdated.


  1. June

  2. In Japan the Diet has enacted legislation that make the creation, acquisition or storage of computer viruses a criminal act. It also make it criminal the sending of pornographic email spam

  3. The Government of Australia has introduced cybercrime legislation to the Parliament to combat global cyberattacks.


  4. May

  5. A proposal for a new legal mechanism on combatting cybercrime and global cyberattacks has been launched by Judge Stein Schjolberg: An International Criminal Court or Tribunal for Cyberspace (ICTC)


  1. April

  2. A White House Draft Bill in the United States would expand the US Penal Code Title 18, Chapter 47, Section 1030, on Fraud and related activity in connection with computers. The Bill have proposals for cybercrime, including a series of criminal offences for cyberattacks and confidentiality abuses. The Bill have also details on critical information security.


  1. March

  2. A Criminal Justice Bill is planned in Ireland that will target serious and complex offences, including cybercrime.

  3. Switzerland has approved the Council of Europe Convention on Cybercrime, and is expected to ratify the Convention later this year.

  4. February

  5. An International Criminal Tribunal for Cyberspace should be established as an United Nations court of law for the most serious cybercrimes of global concern. Such Court may have its seat in The Hague or in Singapore, discusses Judge Stein Schjolberg, Norway, in a book «A Global Treaty on Cybersecurity and Cybercrime» that was published on February 23.

  6. The government of Cameroon has introdused a new law on cybercrime in the Parliament. The Bill would define major cybercrimes, including pedophilia, child pornography, infringments to human dignity, the propagation of false rumors and intrusion into the banking system.

  7. January

  8. United Nations Office on Drugs and Crime (UNODC) has on January 17-21, organized the first conference for the open-ended intergovernmental expert group that was recommended in the Salvador Declaration Article 42 at the United Nations Crime Congress in Salvador, Brazil, April 12-19, 2010.  The recommendation was adopted by the UN General Assembly in its resolution                 65/230. This expert group shall conduct a comprehensive study of the problem of cybercrime, with a view to examening options to strengthen existing and to promote new national and international legal  or other responses to cybercrime. 

  9. The United Arabic Emirates (UAE) is working on updating the cybercrime law, in order to cover legal loopholes.


  10. 2010

  11. December

  12. The parliament in Canada has enacted laws aginst spam. (pdf) The Senate approved the Fighting Internet and Wireless Spam Act, including criminal offences.

  13. Venezuela has enacted cybercrime laws.

  14. November

  15. China has suggestions for strengthening the international law enforcement cooperation and joining hands in fighting against transnational cybercrime. The Network Security Protection Service of Ministry of Public Security has introduced suggestions for solutions.

  16. The INTERPOL General Assembly has elected Ronald K. Noble for a third term as Secretary General. His vision for the future development of INTERPOL was also the creation of the  INTERPOL Global Complex (IGC) in Singapore. The IGC will focus especially in enhancing preparedness to effectively counter cybercrime.

  17. The State Duma in Russia considers revising the cybercrime legislation. The State Duma Committee on Information Policy, Information Technology and Communication is open for cooperation on measures that could strengthen the fight against spam.


October

  1. The Government in Bangladesh is considering a draft Bill to curb cybercrime and pornography. The Bill has been sent from the Home Ministry to the Law Ministry for vetting.

  2. In Canada the Government has introduced in the House of Commons two Bills to fight Cybercrime. The proposed Bill on Investigative Powers for the 21st Century Act, will among other provisions, also make it illegal to possess a computer virus for the purpose of mischief. The amendments would update Section 342.2 of the Criminal Code. 


September

  1. Crime and Policing in Virtual Worlds, a paper by Marc Goodman, Senior Advisor at Interpol Steering Committee on Information Technology Crime.

  2. Namibia is planning for a Communications Bill, including cybercrime.

  3. The European Commission in the European Union has presented a proposal for a new cybercrime legislation to be adopted in all member countries. It willl increase the Eu protection against cyberattacks.  

  4. August

  5. Ireland signed the Council of Europe Convention on Cybercrime on February 28, 2002, but no legislation preparing for a ratification has been introdused. A recent denial of service attack shows a need for action.

  6. The European Commission in EU is planning to establish a European rapid response system for cyber attacks, and may present an EU Internal Security Strategy in October 2010.

  7. The Cabinet in Jordan has approved a temporary Cybercrime Law.


  8. July

  9. Marc Goodman, Senior Advisor at Interpol Steering Committee on Information Technology Crime, is an expert on the future crime. He made a  presentation and predicted that cybercrime of 1990 or 2005 will have little in common with the technical threats we are facing in 2010 and beyond.

  10. A Bill on Cybercrime and Cybersecurity has been introduced to the National Assembly in Cameroon.


  11. June

  12. The Turkish Transportation Minister Bilali Yıldırım has declared that Turkey will soon sign The Council of Europe Convention on Cybercrime.

  13. A conference on cybercrime is held in Oslo, Norway, June 16 - 17 (pdf). The conference Crime in Virtual Worlds covers identity theft, phishing, massive and coordinated cyber attacks, cloud computing and VOIP-security issues.

   

  1. May

  2. The East African Communications Organisations (EACO) will work to establish and harmonize Internet security policies and Internet laws in the East Africa region.

  3. Professor Solange Ghernaouti-Hélie, University Lausanne, Switzerland, gave a presentation on the «Need for a United Nations Cyberspace Treaty» (pdf) at the ITU - High Level debate on Cybersecurity and Cyberspace in Geneva May 12, 2010.

  4. Judge Stein Schjolberg presented a paper on: Wanted - A United Nations Cyberspace Treaty, including cybercrime, at the EastWest Institute First Worldwide Cybersecurity Summit in Dallas, May 3-5, 2010

  5. The Council of the European Union is developing a new concerted strategy to combat cybercrime


  6. April

  7. A proposal for a United Nations cyber crime treaty presented by judge Stein Schjolberg at the United Nations Crime Congress in Salvador, Brazil, April 12-19, 2010.


  8. Mars

  9. Azerbaijan, Montenegro and Portugal have now ratified the Council of Europe Convention on Cybercrime.
    Total number of ratifications of the 2001 Convention are now 29, while total number of signatures not followed by ratifications are 17.


  1. February

  2. China will make amendments in penal legislation by strengthen cybercrime laws. New measures on the interpretation of hacking or illegal access, and how such cases are handled by courts may be released.


  3. January

  4. The OAS working group on cybercrime has recommended several intiatives, including legislative steps to define cybercrime and how to prosecute it.


  5. 2009

  6. December

  7. The senate in Jamaica passed The Cybercrimes Act. The Bill was approved with six amendments. 

  8. The Portuguese Parliament has passed a new law on cybercrime

  9. A new dialogue between the US and Russia on cybersecurity and cybercrime

  10. November

  11. Azerbaijan President Ilham Aliyev signed the law on approval of Convention on Cyber-Crime.


  12. October

  13. The Information Technology (Amendment) Act 2008 entered into force in India. Cyberterrorism is now punishable  with life in prison, and it includes also new cybercrime offences such as identity theft, cyber-stalking, and cyber harassment.

  14. In Australia, the Telecommunications (Interception and Access) Amendment Bill was rewritten by the federal government.


  15. September

  16. A Bill has been presented in Jamaica providing legal sanctions for the criminal misuse of data.

  17. July

  18. A Bill titled "Fostering a Global Respons to Cyber Attacks Act" (S.1438) was introduced in the US Senate on July 10. The Bill includes in Section (6) as follows:

  19.    
    1. "Relevant international cybersecurity agreements focus only on issues relating to cyber crime and common operating standards and have not been signed by certain countries from which cyberattacks may be launched."



      The Bill also includes a proposal for cooperative activities for international
      engagements with other governments.


  1. June

  2. The European Union is planning amendment in the Council Framework Decision on Attacks Against Information Systems, which went into force in 2005.


May

  1. The Norwegian Parliament (Stortinget) has on May 28 adopted the New Penal Code, including several provisions on cybercrime. See §§ 192, 201, 202, 204, 205b, 206, 311, 351, 361, and 371. The new penal code will enter into force in 2010-2011.


April

  1. A new Bill on cybercrime has been filed in The Philippine Senate.

  2. Bangladesh has introduced a new law on cybercrime.


March

  1. Germany has ratified the Council of Europe Convention on Cybercrime.

  2. In Norway a Bill on a new Criminal Law (2008-2009) has in § 202 introduced a provision on identity theft, using the term Identity Infringements that reads as follows:
    “With a fine or imprisonment not exceeding 2 years shall whoever be punished, that without authority possesses of a means of identity of another, or acts with the identity of another or with an identity that easily may be confused with the identity of another person, with the intent of
    a) procuring an economic benefit for oneself or for another person, or
    b) causing a loss of property or inconvenience to another person.”
    (unofficial translation)


February

  1. President Barack Obama has directed the National Security and Homeland Security Advisors to conduct a review of the plan, programs, and activities underway throughout the government dedicated to cyber security, including new regulations to combat cybercrime.

  2. US Vice President Joe Biden gave a presentation at the 45th Munich Conference on Security Policy on February 7. Among many issues he emphasized the need to tackle terrorism and cyber-security.


January

  1. The Kenya Communications (Amendment) Act (pdf) was passed by the Kenyan Parliament and signed into law by the President on January 2. The Act includes legislation on cybercrime in Sections 83 W-Z and 84 A- F on: unauthorized access to computer data, access with intent to commit offences, unauthorized access to and interception of computer service, unauthorized modification of computer material, damaging or denying access to computer system, unauthorized disclosure of passwords, unlawful possession of devices and data, electronic fraud, tampering with computer source documents, and publishing of obscene information in electronic form.

 
  1. ITU Publication on Understanding Cybercrime: A Guide for Developing Countries  (pdf) Second edition by Professor Marco Gercke, Germany (2011). This is by many observers considered to be the most outstanding presentation of cybercrime in the world today.

  2. Potential new global legal mechanisms on combating cybercrime and global cyberattacks, ISPAC International Conference on Cybercrime: Global Phenomenon and Its Challenges, Courmayeur Mont Blanc, Italy, (December 2-4, 2011)

  3. An International Criminal Court or Tribunal for Cyberspace (ICTC). A presentation at the EastWest Institute Second Worldwide Cybersecurity Summit, London, UK, (June 1-2, 2011).

  4. Wanted - A United Nations Cyberspace Treaty, including cybercrime. A presentation at the EastWest Institute First Worldwide Cybersecurity Summit, Dallas, USA, (May 3-5, 2010).

  5. A Cyberspace Treaty - A United Nations Convention or Protocol on Cybersecurity and Cybercrime. A presentation at the United Nations Congress on Crime Prevention and Criminal Justice, Salvador, Brazil, (April 12-19, 2010). 

  6. A Cyberspace Treaty, including cybersecurity and cybercrime. Cyberspace, as the fifth common space after land, sea, air and outer space neeed international law as a framework.  - EastWest Institute 7th Worldwide Conference, Special Consultation «International Pathways to Cybersecurity» - Brussels (February 17, 2010).

  7. Court Technology Conference (CTC) 2009 - A brief introduction of the International Courts, Denver, USA, (September 2009) (pdf)

  8. ITU Publication on Understanding Cybercrime: A Guide for Developing Countries  (pdf) prepared by Dr. Marco Gercke; International Telecommunication Union (ITU), Geneva (May 2009)

  9. The History of Global Harmonization on Cybercrime Legislation  - The Road to Geneva (pdf)
    Stein Schjolberg (December 2008)

  10. The Global Strategic Report (HLEG) - ITU (November 2008)

  11. Chairmans Report (pdf)
    High Level Expert Group (HLEG) - ITU (September 2008)

  12. Terrorism in Cyberspace - Myth or reality? (pdf)
    No.1/2007
    Stein Schjolberg (June 2007)

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