Cybercrimelaw

Colophon:

Stein Schjolberg

Chief Judge (Ret.)

Norway

Chairman, High-Level Experts Group (HLEG) - 100 experts from around the world (2007-2008) ITU The Global Cybersecurity Agenda

All comments are appreciated, Judge Stein Schjolberg

A new book «Cyberkriminalitet» (2017) (norwegian text) Comments: «Godt skrevet og et viktig bidrag på veien videre.» Roar Thon, (NSM):
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A proposal for a Geneva Convention or Declaration for Cyberspace.

The Road in Cyberspace to United Nations. A 10 year Chairmans Anniversary Report on the development of global cybersecurity since 2008 and recommendations for future initiatives.
2018
December
The G 20 Summit 2018 was held in Buenos Aires, Argentina, and a G 20 Leaders Declaration was adopted titled: Building Consensus for Fair and Sustainable Development.

November
The United Nations General Assembly has adopted a Resolution titled Countering the Use of Information and Communication Technologies for Criminal Purposes. 85 countries voted for the Resolution, and 55 countries voted against it. 29 countries restrained.

October
The First African Forum on Cybercrime has been organized in Addis Ababa on October 16-18, by African countries, in cooperation with other international organizations. Main topics were Cybercrime policies and national legislations, International cooperation to fight against cybercrime, and Strengthening criminal justice authorities.
September
The 6th INTERPOL-Europol Cybercrime Conference was held on September 18-20 during the Singapore International Cyber Week (SICW) at the Suntec Singapore Convention & Exhibition Centre. The conference was attended by law enforcement officials, private sector, academia, international organisations and other key entities from across the world with the purpose to strengthen cooperation in preventing and combatting cybercrime.

July
The U.S. Department of Justice announced on July 13, an Indictment by the Grand Jury for the District of Columbia against 12 Russian Millitary Intelligence employees, for conducting large scale cyber operations to interfere with the 2016 U.S. Presidental election. The Indictment included: Conspiracy to Commit an Offence Against the United States; Aggravated Identity Theft; and Conspiracy to Launder Money.

May
U.S. Department of Homeland Security launched on May 15, a Report on Cybersecurity Strategy with the following Vision:
By 2023, the Department of Homeland Security will have improved national cybersecurity risk management by increasing security and resilience across government networks and critical infrastructure; decreasing illicit cyber activity; improving responses to cyber incidents; and fostering a more secure and reliable cyber ecosystem through a unified departmental approach, strong leadership, and close partnership with other federal and nonfederal entities.
April
The Commonwealth Cyber Declaration was unanimously agreed by The Commonwealth Heads of Governments Meeting in London, April 20. The purpose is for Commonwealth countries to combat cybercrime and promote good cybersecurity. It recognize the importance of international cooperation in tackling cybercrime and promoting stability in cyberspace, and fully abide by the principles and purposes of the Charter of the United Nations.

March
The WSIS Forum 2018 was organized in Geneva on March 19-23.
Chief Judge Stein Schjolberg was a speaker/panelist on two issues:
A Geneva Convention or Declaration for Cyberspace, and
A Proposal for a United Nations Treaty on combating online child sexual abuse.

January
George Soros at World Economic Forum, January 25:
The internet monopolies have neither the will nor the inclination to protect society against the consequences of their actions. That turns them into a menace and it falls to the regulatory authorities to protect society against them. In the US, the regulators are not strong enough to stand up against their political influence. The European Union is better situated because it doesn’t have any platform giants of its own.
Problems of jurisdiction and international cooperation in cybercrime will be addressed at a seminar in september 2018 for judges and prosecutors in the European Union, by the European Judicial Training Network (EJTN).

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2017
December
FBI is teaching building digital defense against the Internet of Things (IoT) or IoT-attacks, by simple steps people can take to help secure the things.

November
International Conference on Cyberlaw, Cybercrime and Cybersecurity in New Dehli, 16-17. November 2017;
Proposal on a UN Treaty on combating online child sexual abuse

October
A proposal for a United Nations Treaty on combating online child sexual abuse, presented at an UNODC conference in Bangkok, October 17-19.

September
A proposal for A Geneva Declaration for Cyberspace was presented at the 11th Pan-European Conference on International Relations, in Barcelona September 13-16.
The Role of INTERPOL in a Geneva Convention or Declaration for Cyberspace was presented in a Report after the INTERPOL Global Cybercrime Expert Group Meeting, and the INTERPOL World 2017 in Singapore July 5-7.

August
An article on new risks and threats in cyberspace and the challenges against national societies in Norway. (Norwegian text only)
En kronikk: Et nytt trussel- og risikobilde i Norge.

May
A new book on Cyberkriminalitet was published in Norway. The text is norwegian, but all appendixes are in english text:
1. Council of Europe Convention on Cybercrime (2001);
2. The Chairmans Report, ITU High-level Experts Group (HLEG) (2008);
3. The Third Pillar for Cyberspace - A draft United Nations Treaty on an International Court or Tribunal for Cyberspace (2015)

April
INTERPOL and Public-Private Partnerships
An INTERPOL-led operation targeting cybercrime across the ASEAN region has included assistance from experts in seven private sector companies - Trend Micro, Kaspersky Lab, Cyber Defense Institute, Booz Allen Hamilton, British Telecom, Fortinet and Palo Alto Networks. They also took part in pre-operational meetings in order to develop actionable information packages.

The new book Cyber-Attacks – Prevention-Reactions: The Role of States and Private Actors
The book aims to conceptualize and present, in a concise manner, the main questions raised in the field of international law regarding the role of the States and private actors in the prevention and the reaction to cyber-attacks.
March
Developing a System of International Rules
China has released a document titled "International Strategy of Cooperation on Cyberspace", including developing a system of international rules. Cyberspace needs to be governed by rules and norms of behavior. China is firmly committed to safeguarding cyber security, and opposes to all forms of hacking and regards them illegal criminal activities that should be tackled in accordance with law and relevant international legal instruments. Given that cyber attacks are usually transnational and difficult to attribute, countries should work together to ensure cyber security through constructive consultation and cooperation. February
The need for a Digital Geneva Convention
Microsoft¨s President and Chief Legal Officer Brad Smith, USA, has made the following proposal:
Just as the Fourth Geneva Convention has long protected civilians in times of war, we now need a Digital Geneva Convention that will commit governments to protecting civilians from nation-state attacks in times of peace. And just as the Fourth Geneva Convention recognized that the protection of civilians required the active involvement of the Red Cross, protection against nation-state cyberattacks requires the active assistance of technology companies. The tech sector plays a unique role as the internet’s first responders, and we therefore should commit ourselves to collective action that will make the internet a safer place, affirming a role as a neutral Digital Switzerland that assists customers everywhere and retains the world’s trust.

January
The book: The History of Cybercrime (1976-2016) presents new information from United Nations organizations, INTERPOL and other international organizations, a special chapter on Public-Private Partnerships, information on Internet of Things (IoT), and the problems encryption creates for law enforcements around the world.

2016
December
The Third U.S. - China High-Level Joint Dialogue on Cybercrime and Related Issues, was held in Washington D.C. Officials from both sides praised the progress made since their first dialogue a year ago.
U.S. officials presented a Joint Summary of Outcomes. The outcomes of the third dialogue are listed.

November
A Geneva Declaration for Cyberspace (live summary - mp4)

October
A Proposal for a Geneva Convention or Declaration for Cyberspace, by Judge Stein Schjolberg, Norway, and Professor Solange Ghernaouti, Switzerland, was published on VFAC Review, No. 12 (Korean Institute of Criminology, October 2016).
September
G20 Leaders Communique from the Hangzhou Summit in China
June
The Second U.S. - China High-Level Joint Dialogue on Cybercrime and Related Issues, was held in Beijing on June 14. China emphasized the dialogue as the major mechanism for cooperation. It was agreed to hold the Third dialogue in Washington later this year.
U.S. officials presented a Joint Summary of Outcomes that included Hotline Mechanism, Information Sharing, Case Cooperation and Resources, and establishing mechanisms.
May
The U.S. Supreme Court has amended the Fedeal Rules of Criminal Prosedures, and has adopted new Criminal Rules 4, 41, and 45. Federal judges should be able to issue hacking warrants to FBI and other federal law enforcement for anywhere in the U.S. if the suspect has tried to hide their location. A summons to an organisation under Rule 4(c)(3)(D) may also be served at a place not within a judicial district of the United States. The amendment shall take effect on December 1, 2016.
The FBI Director James Comey has said he has seen some improvement from China in cooperating on cybercrime.
April
A Draft Encryption Bill has been presented in the U.S. Senate by the Senators Richard Burr and Dianne Feinstein. The Draft Bill is titled the «Compliance with Court Orders Act of 2016».
Cyber norms guiding States behaviour in cyberspace have been presented in a new book «International Cyber Norms: Legal, Policy & Industry Perspectives».
A Russian-American dialogue has agreed to organize a regular review of the the relations in order to resolve the existing difficulties.
The Chinese President Xi Jinping and President Barack Obama had a talk, including cybersecurity, at the Nuclear Security Summit, in Washington DC.

March
The global IT company Apple Inc. is challenged by a Court Order from the U.S. District Court for the Central District of California, and the FBI, on law enforcements access to locked or encrypted mobile device in the investigation of the San Bernardino terrorist attack in December 2, 2015. The Court Order require Apple to provide ”reasonable technical assistance to assist law enforcement agents in obtaining access to the data on the subject device.” , see http://www.theguardian.com/technology/2016/feb/25/fbi-director-james-comey-apple-encryption-case-legal-precedent https://www.fbi.gov/news/pressrel/press-releases/fbi-director-comments-on-san-bernardino-matter  February
An Exceutive Order by President Obama has established a Commission on Enhancing National Cybersecurity.
The United Nations General Assembly Resolution of December 23, 2015 (A/RES/70/237) on "Developments in the field of information and telecommunications in the context of international security" involves only the behaviour of States, and confirm that cyberwar and cyberwarfare may be considered as regulated by the international laws on war. This is also the same approach in the G20 Leaders Communique of November 16, 2015, statement no 26. No global initiatives that includes cybercrime with only criminal intent have been presented.
 January
The World Internet Conference was organized in Wuzhen, China, in December, and the World Economic Forum was organized in Davos, Switzerland, in January.
As a global observer, I am searching for A Global Dialogue.
We all agree that the same rights that people have offline must also be protected online. The question is: should we agree that people must also have the same obligations online as they today have offline, to comply with authorized legal court-orders requests for information?

U.S. Attorney General Loretta Lynch made a statement at World Economic Forum in Davos, that the U.S. government are not asking for a backdoor. She said that we are asking that «we also preserve what we currently have, which is for companies to respond to law enforcement warrants: court-ordered, court-authorized requests for information».
Presented by Assistant Attorney General Leslie R. Caldwell, January 25.
A proposal for A Geneva Declaration for Cyberspace. A global framework on cybersecurity and cybercrime, and a contribution for peace, security and justice in cyberspace.
United States Congress lawmakers acknowledge that the ultimate goal is a Geneva Convention for Cyberspace.

As a global observer I agree on the ultimate goal, but consensus for a binding Convention may be difficult. The excellent purpose of such a global guideline may also be achieved through a non-binding Geneva Declaration for Cyberspace. A global agreement or understanding is needed between all countries.
2015
December
India declared at the WSIS+10 Meeting, December 15-16, United Nations General Assembly, that «we should also aim to create a global convention to address issues of cybersecurity and cybercrime.»
China declared at a conference in China, December 16, an opposition to all categories of cybercrime, including industrial espionage, cyber surveillance, attacks against goverments networks, and that no countries should define acceptable norms of cyber behaviuor.
China also declared at the conference in China, December 16, that participants have reached a consensus on the importance of legislation in the field of cyber security, and the necessity for a code of conduct with universal standards, in order to prevent and fight cybercrime.
Russia declared at the conference in China, December 16, on a greater role for the International Telecommunications Union (ITU).
The first U.S.- China High-Level Joint Dialogue on Cybercrime and Related Issues was held in Washington DC, on December 1, 2015. The primary objectives of the dialogue were to review the timeliness and quality of responses to requests for information and assistance. They reached agreement on a document establishing guidelines for requesting assistance, and for responding to such requests. Next dialogue will take place in Bejing in June 2016.

The book "The History of Cybercrime" is now available from

Amazon hardcopy, and

Amazon Kindle edition - eBook

The Chairman’s Blog

40 Years of Research on Cybercrime (1976–2016)

Papers on Cybercrime

Resources

News Archive 2005 - 2015

«A global framework on cybersecurity and cybercrime, and a contribution for peace, security and justice in cyberspace.»

Proposals

Video presentations

Proposal on a Geneva Declaration for Cyberspace
A Geneva Declaration for Cyberspace (full text - pdf)

Draft UN Treaty on an International Criminal Court or Tribunal for Cyberspace (10th edition, June 2015)

Proposal for an UN Treaty on combating online child sexual abuse (9th edition, October 2017)

The Second Edition of the book "The History of Cybercrime" (1976-2016) wasb published in January 2017.

The content has been updated more than 10%.

Especially new information from UN, ITU, UNODC, INTERPOL, and other international organizations, a new Chapter on Public-Private Partnerships, new information on Internet of Things (IoT) and encryption problems for law enforcements, and much more

A framework for cybersecurity and cybercrime, and a contribution for peace, security and justice in cyberspace