Introduction HIPCAR – Cybercrime/e-Crimes ability to act when those services are attacked or abused in other ways. But the importance of having the ability to carry out investigations in order to identify offenders and collect digital evidence goes beyond consumer protection. The Internet is a global market place and companies can offer services worldwide. If countries want to create an environment that allows e-commerce to grow, in the long term they need to ensure that crimes against such businesses do not go unpunished. As a consequence, dealing with Cybercrime has made it to the top of the agenda in most countries. It is important to underline that – unlike other topics – it is most likely that this topic will remain a priority for years given that addressing the issue is not something that can be done only once and forever. Cybercrime is constantly developing, and legal solutions will need continued adjustments from time to time. Reducing the response to technical solutions will most likely not solve the problems. Some of the technical solutions being implemented as part of anti-cybercrime strategies often include firewalls (preventing illegal access to computer systems) or encryption (to prevent illegal interception of communications). But past experience has shown that – in addition to technical solutions – legislative measures are also needed: an efficient penal legislation criminalising certain forms of computer crime and cybercrime as well as the existence of related procedural instruments that enable law enforcement to carry out investigations are essential requirements for the involvement of law-enforcement agencies in the fight against computer crime and cybercrime. Those countries that do not have adequate legislation in place risk, first of all, that law enforcement agencies will not be able to support citizens that have become victims of computer crimes. But even more serious is the fact that the absence of criminalisation of certain cybercrimes might protect offenders or even motivate them to move illegal activities from abroad to countries with missing legislation. Preventing “safe havens” from where criminals are able to operate with impunity has therefore become a key challenge in preventing cybercrime.12 Wherever “safe havens” do exist, there is a threat that offenders will use them to evade investigation. One well-known example of this is the “Love Bug” computer worm, developed by a suspect in the Philippines in 2000,13 which infected millions of computers worldwide.14 Local investigations were hindered by the fact that the development and spreading of malicious software was not at that time adequately criminalised in the Philippines.15 12 13 14 15 8 This issue was addressed by a number of international organisations. The UN General Assembly Resolution 55/63 points out: “States should ensure that their laws and practice eliminate safe havens for those who criminally misuse information technologies”. The full text of the Resolution is available at: www.unodc.org/pdf/crime/a_res_55/res5563e.pdf. The G8 10 Point Action plan highlights: “There must be no safe havens for those who abuse information technologies”. See below: Understanding Cybercrime: A Guide for Developing Countries, ITU 2009, Chapter 5.2. For more information, see http://en.wikipedia.org/wiki/ILOVEYOU; regarding the effect of the worm on Critical Information Infrastructure Protection, see: Brock, “ILOVEYOU” Computer Virus Highlights Need for Improved Alert and Coordination Capabilities, 2000. BBC News, “Police close in on Love Bug culprit”, 06.05.2000. See for example: CNN, “Love Bug virus raises spectre of cyberterrorism”, 08.05.2000; Chawki, “A Critical Look at the Regulation of Cybercrime”, www.crime-research.org/articles/Critical/2; Sofaer/Goodman, “Cyber Crime and Security – The Transnational Dimension” in Sofaer/Goodman, “The Transnational Dimension of Cyber Crime and Terrorism”, 2001, page 10; Goodman/Brenner, The Emerging Consensus on Criminal Conduct in Cyberspace, UCLA Journal of Law and Technology, Vol. 6, Issue 1; United Nations Conference on Trade and Development, Information Economy Report 2005, UNCTAD/SDTE/ECB/2005/1, 2005, Chapter 6, page 233. > Model Policy Guidelines & Legislative Text