effects; their territories may be used as a virtual base by offenders who are never physically
present there. Offending patterns often reflect the fact that criminal conduct can be displaced
by strong laws and law enforcement into jurisdictions where the risks are less for offenders,
but with physical crimes such as robbery an isolated location makes this difficult. Strict
enforcement elsewhere is unlikely to displace much bank robbery to Tuvalu or Tonga, but
the same is not true for cybercrime. If small developing countries are not supported in
developing and maintaining security and other capacities at levels consistent with other
countries, they risk becoming attractive to offenders as a safe haven from which other
locations can be attacked, and this provides an incentive for developed countries to provide
such assistance and for developing ones to accept it. Smaller, more isolated countries also
often rely more heavily on the Internet and communications technologies than larger
countries specifically because they are isolated, and this degree of dependence means that
the adverse effects, such as a loss of communications, can have much more serious
consequences.
1.59 The challenge to small countries is not only to develop law enforcement and
preventive capacity but to maintain it on an on-going basis. To do this, special co-operative
relationships among the smaller developing countries as well as between developed and
developing countries should be explored. Examples might include the development of
regionally based investigative or emergency response resources, and the sharing or
provision of investigators, forensic facilities and similar resources on a case-by-case basis
as needed. The practical, legal and sovereignty aspects of such arrangements need to be
explored and the nature of the Commonwealth may make it a useful forum for such
consideration.
Recommendations
1.
The Group recommends all Commonwealth countries to co-operate effectively,
both within the Commonwealth and globally, to develop, monitor, maintain and
update frequently their expertise in policy, law enforcement, prosecution and
prevention of cybercrime.
2.
The Group recommends that each member state develops and maintains an
effective national strategy to co-ordinate efforts to prevent and combat
cybercrime. This may include legislative, judicial, prosecutorial, law enforcement
and preventative public sector entities and appropriate private sector entities.
3.
The Group recommends the creation of special co-operative relationships among
the smaller developing countries as well as between developed and developing
countries to build law enforcement and preventive capacity and to maintain it on
an on-going basis, for example including the development of regionally-based
investigative or emergency response resources, and the sharing or provision of
investigators, forensic facilities and similar resources on a case-by-case basis as
needed, and to explore the practical, legal and sovereignty aspects of such
arrangements.
4.
The Group recommends that Commonwealth countries develop effective
prevention strategies in co-operation with the private sector and civil society,
having regard to the need for preventive measures to be co-ordinated
internationally. Specific elements should include the development and
maintenance of appropriate technical security measures, training directed at
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