technologies for criminal purposes.40
Other components of a response to cybercrime
2.34 National legislation and international instruments are essential but are not enough.
Commonwealth countries must develop and implement all other components of an effective
response both to cybercrime, and to the challenges related to the recognition, collection,
preservation and admissibility of electronic evidence in relation to any type of criminal
activity. These may include: (a) national strategies that co-ordinate government departments
and other agencies; (b) appropriately resourced and trained prosecutors, law enforcement
personnel and judiciary; (c) efficient response systems such as 24/7 networks; and (d)
mechanisms and protocols for co-operating with Communication Service Providers (CSPs)
and the private sector as a whole. Cyber security is a distinct but very important issue and
much can be done in preventive and defensive work, including a range of regulatory
frameworks and systems.
Resources and capacity-building
2.35 All this requires adequate resources and capacity. Part 3 of the Report examines
issues relating to training, but here we identify some of the sources of assistance in capacitybuilding. The following paragraphs mention some of the organisations whose mandate
includes cybercrime issues, and give rather more detail about those with a specifically
Commonwealth location or focus and the work of the Commonwealth Secretariat and its
programmes41.
Commonwealth bodies
The Commonwealth Secretariat
2.36 The Commonwealth Secretariat and its Divisions carry out mandates given by
CHOGM and the relevant meetings of Ministers. In delivering on its mandates, the
Secretariat has co-operated closely with international, regional and national organisations to
deliver efficient technical assistance to develop the practical skills of investigators,
prosecutors and judges. The comparative advantage of the Secretariat lies in the close
connections it has with criminal justice officials in member countries, particularly in the small
jurisdictions. The Secretariat has supported and assisted the formation and continued
activities of the Caribbean Prosecutors Association, and the Pacific Prosecutors Association,
has held or supported several regional judicial fora, and engages closely with similar
regional networks relevant to other member countries. The Secretariat has also supported
the foundation of the Africa Anti-Corruption Centre in Botswana. The contacts created
through these regional networks allow the Secretariat to engage closely with practitioners to
discover the difficulties faced by a jurisdiction on the ground, and develop technical
assistance accordingly. In delivering technical assistance, the Secretariat has observed the
importance to member countries of providing criminal justice officials with the practical skills
to tackle cybercrime. As such, cybercrime has formed a key part of many of the Secretariat’s
programmes.
Commonwealth programmes and initiatives
40
U.N. Commission on Crime Prevention and Criminal Justice, Resolutions 22/7 (on-going work of expert group)
and 22/8 (promotion of technical assistance and capacity building). See Report of the Commission at its 22nd
Session, E/2013/30, E/CN.15/2013/27, Chapter 1 Part D.
41 Information about the work of 2Centre and GSPEN is given in Part 3 of this Report.
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