opportunity amongst a diverse group of countries to use an optimal legal standard for the
different national legislation addressing cybercrime. A possible addition of a protocol to the
Convention is now being explored69, which could also provide a useful opportunity to address
the issue of cross-border access to electronic evidence in an international context. Rather than
the creation of new international legal instruments for cybercrime issues, the EU calls for all
countries to design appropriate national legislation and pursue cooperation within this existing
international framework.
The pervasive availability of anonymisation tools makes it easier for criminals to hide. The
"darknet"70 has opened up new ways for criminals to access child sexual abuse materials,
drugs or firearms, often with little risk of being caught.71 It is also now a key source of the
tools used in cybercrime, such as malware and hacking tools. The Commission, together with
relevant stakeholders, will analyse national approaches with a view to identifying new
solutions. Europol should facilitate and support investigations on the darknet, assess threats
and help to determine jurisdiction and prioritise high risk cases, and the EU can play a leading
role in coordinating international action.72
One growing area of cybercrime activity is the fraudulent use of credit card details or other
electronic means of payment. Payment credentials obtained through cyber-attacks against
online retailers or other legitimate businesses are then traded online and can be used by
criminals to commit fraud73. The Commission is presenting a proposal to boost deterrence
through a Directive on the combatting of fraud and counterfeiting of non-cash means of
payment.74 This aims to update the existing rules in this area and to strengthen the ability of
law enforcement to tackle this form of crime.
The cybercrime investigative capabilities of Member States' law enforcement authorities also
need to be improved, as well as the understanding of cyber-enabled crimes and investigative
options by prosecutors and the judiciary. Eurojust and Europol contribute to this objective and
to enhanced coordination, in close cooperation with specialised advisory groups within
Europol's Cybercrime Center and with the networks of chiefs of cybercrime units and of
prosecutors specialised in cybercrime. The Commission will dedicate EUR 10.5 million
funding to fight cybercrime, primarily under its Internal Security Fund-Police Programme.
Training is an important element and a number of useful materials have been developed by
the European Cybercrime Training and Education Group. These should now be widely rolled
out for law enforcement professionals with the support of the European Union Agency for
Law Enforcement Training (CEPOL).
69
70
71
72
73
74
and violations of network security. https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/185
In 2017, 55 governments had ratified or acceeded to the Council of Europe Convention on Cybercrime.
Terms of Reference for the preparation of a draft 2nd Additional Protocol to the Budapest Convention on
Cybercrime, T-CY (2017)3.
The darknet consists of content in overlay networks which use the internet but require specific software,
configurations or authorization to access. The darknet forms a small part of the deep web, the part of the Web
not indexed by search engines.
A notable exception is the recent takedown of two of the largest criminal Dark Web markets, AlphaBay and
Hansa: https://www.europol.europa.eu/newsroom/news/massive-blow-to-criminal-dark-web-activities-afterglobally-coordinated-operation.
Europol already plays an important role in this area. For a recent example see:
https://www.europol.europa.eu/newsroom/news/massive-blow-to-criminal-dark-web-activities-afterglobally-coordinated-operation.
The proceeds of fraud are an important source of income for organised crime and therefore an enabler for
other criminal activities such as terrorism, drug trafficking and trafficking in human beings.
COM(2017) 489.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents