Expert Group Meeting on International Cooperation against Transnational Organized Crime with Specific Regard to Cybercrime, Vienna, Austria, 6 - 7 October 2009

The development of new information and communication technologies (ICTs), including the use of  computers and databases, have deeply changed the way our societies operate. Government agencies and companies rely on networks and store sensitive information electronically.  Individuals use Internet for all sorts of activities from e-shopping to banking or maintaining contacts through social web-based networks.

At the same time, this worldwide proliferation of ICTs has given rise to increasing forms of crime, which pose threats not only to the confidentiality, integrity, or availability of computer systems, but also to the security of critical infrastructure. Computer systems, the Internet, databases etc. have become tools of crime, constituting both an opportunity to facilitate the commission of traditional crimes such as fraud or extortion, and a vehicle for new types of crimes, which emerge in parallel to the development of new technologies.  In many ways, cybercrime has proved to be a very attractive niche; it allows criminals to easily operate trans-nationally, and make huge profits without taking too many risks.   

Investigations go along with a number of unique challenges such as the high speed of data exchange processes, the involvement of various providers even in a simple data exchange process or the international dimension of Cybercrime.  To be able to react to the challenges, law enforcement agencies need the right legal instruments and specific training with regard to their being able to identify offender and collect the evidence required for criminal proceedings. In addition, problems of jurisdiction arise at both the national and international levels.   Jurisdiction is based on the concept of boundaries, and laws are based on "territorial sovereignty".  However, cyberspace has no physical boundaries.  It is not constrained by national boundaries - criminals can change their locations from one country to another country within seconds in the cyber-world, irrespective of their physical location. Thus, to combat cyber-crime effectively, international cooperation must be further enhanced.  It is also vital that technical assistance and training tools be provided to those developing countries where there is a lack of capacity and expertise to deal with cyber-crime. This will enable them not only to share knowledge and information to properly detect, investigate and prosecute cybercrime, but also to overcome the deepening digital divide between developing countries and developed countries in this field.

The transnational nature of cyber crimes, the established involvement of organized criminal groups as well as the governance failures which often sustain these forms of criminality, make them highly relevant to UNODC mandates.  The United Nations Convention against Transnational Organized Crime (UNTOC) can be utilized, where applicable, with a view to fostering international cooperation in this field. UNTOC commits States parties to introduce a range of measures for the strengthening of mutual legal assistance, extradition and other forms of judicial and law enforcement cooperation to combat all serious crime, including cybercrime, among its 150 States Parties.   As, with regard to the underlying decentralized network technology most computer-related crimes have a transnational dimension, those crimes indeed fall within the definition of UNTOC as they are transnational and involve an organized criminal group. They are committed with the aim of achieving material or financial benefit.  Further, Article 29 of the UNTOC is also of particular interest, as it requires parties to develop specific training programs for law enforcement personnel including prosecutors and investigating magistrates. Cybercrime is specifically referred to in subparagraph (h), which states that such programs shall deal with "methods used in combating transnational organized crime committed through the use of computers, telecommunications networks or other forms of modern technology". The UNTOC, therefore, constitutes a powerful basis to overcome challenges in international cooperation in cybercrime matters.

In light of the continuing expansion of transnational and organized crime linked to cybercrime and the growing interest of Member States in combating the problem, and also recognising that there is already much expertise in this area, the UN in its role on behalf of the Secretariat seeks to elevate the fight against cybercrime, in particular to assist developing countries.  

UNODC is  therefore holding an informal expert group meeting (EGM) to discuss and assess UNODC's role in the fight against cybercrime.   The EGM will consider the initiatives and programs that are already in place by other organizations, institutions and national authorities, and assess as to how best UNODC can collaborate with these existing activities and programs to promote a more coordinated and sustainable approach to combating cybercrime in developing countries.

The Expert Group Meeting on international cooperation against transnational organized crime with specific regard to cybercrime will be held from 6 - 7 October 2009 at the Vienna International Centre, Room CR VII, and will be conducted in English only.

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Provisional agenda and annotations

Relevant documents:

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