and the ubiquity of e-evidence in all crime-types; developing such capacity has the tangential
benefits of improving rule of law and human rights safeguards, as well as bolstering civil rights at
large, facilitating human development and improving governance.
Cybercrime capacity-building programs are intended to support change. To that end, there must
be a “culture of change” which, though initiated at certain points, must extend throughout all
branches government. It must be owned by those in positions of authority, and administered and
implemented in a coherent, holistic manner, as opposed to in a spotty, ad hoc fashion.
Producing an effective cybercrime capacity-building program requires a diversity of elements. At a
fundamental level, both an overarching cybercrime policy and a strategy for implementation must
be developed. Doing so will engage decision-makers, create synergistic cybersecurity strategies,
support human rights and rule of law requirements. To be effective, the policy must increase multistakeholder participation in strategy elaboration, and that strategy must be effectively managed
in both a vertical and horizontal sense. Relatedly, contributions by donors and cooperation with
partners must align with that strategy in a concerted manner.
That overall cybercrime policy and implementation strategy should be embodied in cybercrimespecific legislation. Although applicable to all aspects of cybersecurity, such is particularly true
for the criminal aspects. Doing so requires the development and legislating of substantive law
measures, building of procedural law tools, the creation of safeguards for rights and the opening up
of a national system into one that not only allows for but which facilitates international cooperation.
Lastly, cybercrime capacity-building programs can focus on creating specialized cybercrime units.
Such units can, in turn, act to catalysts and educators in their own right, first, by taking on discrete
cybersecurity activities, and, second, raising understanding and awareness among their peers and
counterparts across all branches of government.
Page 51 | Chapter 1 | § D. Framework for a Capacity-building Program
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