using the internet. Importantly, and for the reasons described herein, the Toolkit adopts a definition
of “cybercrime” (see section 2 A, below) for the purposes of this Toolkit that attempts to be “future
proof”—that is, a definition that is broad enough to encompass already well-known types of crimes,
but also new and evolving areas, such as risk posed by cloud and quantum computing, blockchain
technologies and digital currencies, the internet of things (IoT), etc.
The Toolkit also places emphasis on the safeguards accompanying cybersecurity (considerations
of “due process” and ensuring freedom of expression and privacy/data protection). As a general
proposition, the “balance” to be achieved between security and preservation of basic rights was
recently given prominence of place in the World Bank’s World Development Report 2016: Digital
Dividends (WDR).10
At the same time, the Toolkit is about cybercrime and not cyberterrorism or cyberwar. Admittedly, it
is becoming increasingly difficult to distinguish between acts that might first appear to be “mere”
cybercrime perpetrated by civilian actors, but that may emerge with the passage of time and further
investigation to be acts by states against states (or their proxies).11 Indeed, cyberspace has been
recognized as a sovereign domain, akin to air, land and sea.12 That relationship and blurring of lines
between cybercrime and cyberwar is beyond the scope of this work and will have to be the subject
of another work.
It is axiomatic to say that cybercrime is continually evolving. Accordingly, the Toolkit captures
information as of 1 January 2017 and will be periodically updated.
It should also go without saying that nothing in this Toolkit constitutes legal advice and no inference
should be drawn as to the completeness, adequacy, accuracy or suitability of any of the analyses or
recommendations in it to any particular circumstance. All information contained in the Toolkit may
be updated, modified or amended at any time.
V. Participating Organizations
Association Internationale de Droit Pénal
Council of Europe (CoE)
International Telecommunication Union (ITU)
Supreme Prosecutors’ Office of Republic of Korea (KSPO)
Global Cyber Security Capacity Building Centre located at the
This work has been
funded by the
Government of Korea
through a grant
provided by the
Martin School at Oxford University (Oxford)
Korea-World Bank
United Nations Conference on Trade and Development
(UNCTAD)
Group Partnership
United Nations Interregional Crime and Justice Research
Institute (UNICRI)
United Nations Office on Drugs and Crime (UNODC)
Page 14 | Chapter 1 | § A. Purpose of Toolkit
Facility.
Table of Contents