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11. Cybercrime

The security of computer and communication systems and their protection against cybercrime is of essential importance. Businesses, administrations and society depend to a high degree on the efficiency and security of modern information technology. Cybercrime can affect telecommunication service providers, banks, individuals and law enforcement authorities.

One major obstacle to effectively fight cybercrime is the lack of awareness.

The vulnerability of today's information society in view of computer crime is still not sufficiently realised. A company's entire production frequently depends on the functioning of its data-processing system. Many businesses store their most valuable company secrets electronically.

Specifically with regard to the recent tragic events in the US, the undertaking of serious efforts to improve cross-border co-operation in the fight against crime and to create a consistent legal framework is crucial.

Effective co-operation between government (especially law enforcement authorities), industry and data protection authorities is an essential element to fight cybercrime but also necessary to find the right balance between the interests of all stakeholders involved. Especially both the privacy of individuals and the rights of victims of cybercrime must be respected.

During informal consultations with law enforcement authorities, European Industry (mostly ISPs and telecommunications operators) agreed that constructive co-operation is of great importance and welcomed the opportunity for further dialogues with the competent authorities. Furthermore, the need to take into account and observe the principles of personal data protection laid down by European Directives and international initiatives was stressed.

On January 26, 2001 the European Commission adopted a Communication on ‘Improving Security of Information Infrastructures and Combating Computer-related Crime’. According to the Communication there is a need for a comprehensive policy to fight cybercrime and legislative and non-legislative measures are needed to improve the security of information infrastructures. Cybercrime is defined in a broad sense as any crime that involves the use of information technology.

The different forms of cybercrime consist of entirely new forms of crime or existing forms of crime where criminals are just using the facilities of the Internet. Cybercrime can include:

·                    economic crimes (hacking, computer sabotage and distribution of viruses, computer espionage, computer forgery, computer fraud and computer manipulations instead of deceiving a human);

·                    content-related offences (dissemination, especially via the Internet, of e.g. child pornography and racist statements);

·                    intellectual property offences (violation of copyright and related rights and cybersquatting);

·                    privacy offences (illegal collection, storage, modification, disclosure or dissemination of personal data).

The main non-legislative initiative foreseen by the Commission is the setting-up of an EU forum where service providers, network operators, consumer organisations, law enforcement and data protection authorities could co-operate, promote best practices for IT security and develop tools and procedures to fight cybercrime.

Important issues that will certainly be discussed in the EU Forum are the retention of traffic data and the interception of communications.

In a public hearing on the Communication held on March 7, 2001 law enforcement authorities explained already that they need to have access to traffic data and to intercept communications in order to effectively fight cybercrime. This would be the only way to obtain information about criminals, as they are not leaving fingerprints when committing or preparing crimes over the Internet.

European Industry agrees, in principle, that traffic data and the interception of communications are needed to detect suspected persons but of course they argue that the financial burden for industry should not be too heavy.

First meetings of the EU Forum have taken place on November 6 and 27, 2001.

Another important initiative to fight cybercrime is the Council of Europe’s Convention on cybercrime. The Convention of November 8, 2001 is an international treaty designed to harmonise laws against crimes committed via the Internet, including copyright infringement, child pornography, and malicious hacking. It asks contracting parties to adopt legislation in areas such as substantive and procedural law, jurisdiction and mutual recognition and international co-operation. It will enter into force when five states, at least three of which are members of the Council of Europe, have ratified it.

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