also tends to have institutional implications, as crime and security mandates tend to be
assigned to different bodies.
Practical Implications of Cybercrime in the Commonwealth
1.38 Commonwealth member states are as much affected by the challenge of cybercrime
as other states. The practical implications of cybercrime depend in part on the characteristics
of the countries affected, including both those from which offenders operate and those in
which the effects are felt, and the criminal justice and other capacities of the countries
concerned.
1.39 The Commonwealth is notable for the diverse range of member states in terms of
culture and technological development. Over half of its citizens are under 25, and the
Commonwealth contains some of the world’s largest and smallest countries by population
and some of its richest and poorest economies. This combination of homogeneity as well as
diversity poses some practical challenges in collaborating effectively against cybercrime, but
it also provides some significant advantages in making the Commonwealth a potential
setting for creative and innovative discussions and policy development, and for specific
initiatives such as the linking of smaller states into specific co-operative relationships.
1.40 Broadly speaking, the different implications of cybercrime on Commonwealth
member states can be usefully considered in the following groups, based on size and the
degree, pace and direction of development.
Implications for developed Commonwealth countries
1.41 Developed member states have a long history of engagement with information and
communications technologies and with efforts to prevent and suppress cybercrime. They
have the private sector expertise to develop and market new technologies, or the resources
to import such expertise, and to incorporate crime-control elements into them, and the public
sector expertise to develop and maintain up-to-date laws and law enforcement capacity. For
major transnational cases they have greater prosecutorial capacity and resources, which
may affect decisions about where to prosecute if jurisdictional requirements are met14.
1.42 The speed with which new technologies and their criminal misuse evolves poses a
major challenge even for their research and development capacity, but beyond this the major
domestic interest of such states is to ensure that their laws and law enforcement capacities
are adequate and effective at home, and their major international interest is to protect their
nationals and national interests by encouraging and assisting other countries to establish
and maintain basic laws, law enforcement capacity and preventive security measures.
1.43 Such states have heavily invested public and private resources in applications that
can be threatened or compromised by cybercrime or the fear of cybercrime. These include
general commercial interests in areas such as e-commerce and the provision of banking, etrading and other financial services, and many specific commercial interests related to the
provision of hardware, software and network or communications services. In the public
sector they include quasi-public elements such as the ownership, control and regulation of
mass media, telecommunications and other services considered as ‘essential’ or quasi14
For a useful list of the jurisdictional, legal and practical considerations see Results of the second meeting of the
Intergovernmental Expert Group to Prepare a Study on Fraud and the Criminal Misuse and Falsification of
Identity, U.N. document no. E/CN.15/2007/8/Add.2 and paragraph 50.
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