or tangential, that is relevant not only to cybercrime but to any crime.4 Thus, regardless of the
matter, law enforcement officers, prosecutors and judges are already frequently confronted with
e-evidence; such is the case not only in criminal matters but also in commercial, civil, labor and
other matters. Capacity-building programs can help criminal justice authorities to meet these
challenges, for example, through training and institution-building and by mainstreaming the
issues of cybercrime and e-evidence into law enforcement and judicial training curricula.
Cybercrime capacity-building programs improve rule of law and civil and human rights
safeguards. Many governments are adopting cybersecurity strategies with the primary purpose
of protecting critical information infrastructure. Capacity-building programs on cybercrime
can support a crucial element of cybersecurity strategies, especially responding to attacks
against the confidentiality and integrity of ICT systems and services. Such programs can also
help governments meet their positive obligation to protect people from all types of crime,
including murder, human trafficking, sexual violence and other types of violent crime, as well
as fraud, corruption, drug trafficking, extortion, stalking or theft (see section 1 B, above). When
governments take action against cybercrime they must respect rule of law and civil and human
rights requirements. Investigative powers must be limited by conditions and safeguards.5
The preservation, analysis and presentation of e-evidence must follow clear rules to serve as
evidence in court. Strengthening the focus on the criminal justice response to cyberattacks
may help improve both rule of law and civil and human rights safeguards,6 both at large and
with regard to cyberspace. Correspondingly, capacity-building programs should furthermore
strengthen regulations and mechanisms for the protection of personal data, a dimension that is
particularly important given that much of the most sensitive of personal data is nowadays stored
in electronic form (see section 2 D, below). In short, such programs not only protect people
against crime but also protect their rights.
Cybercrime capacity-building programs facilitate human development and improve
governance. ICTs can be “powerful tools for human development and poverty reduction”,
something that cybercrime capacity-building programs might help societies realize.7 Relatedly,
strengthening confidence, trust, security and reliability of ICT and of ICT systems will facilitate
economic development and access to education and sharing of information.8 Effective
criminal justice systems enhance the physical security and health of individuals, for example,
by protecting children against sexual exploitation and abuse, by preventing the distribution
of counterfeit and substandard medicines or by protecting people against crime in general.
Increased adherence to rule of law contributes to democratic governance and reduces undue
interference in individual rights.
I. Objectives of Cybercrime Capacity-building Programs
In promoting cybercrime capacity-building programs, it is important to begin by (A) understanding
the rationale and objectives of such programs, and (B) using such programs as a “process of
change” that may go well beyond cybercrime.
Page 46 | Chapter 1 | § D. Framework for a Capacity-building Program
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