KEY FINDINGS AND OPTIONS
KEY FINDINGS AND OPTIONS
General Assembly resolution 65/230 requested the intergovernmental expert group to
conduct a comprehensive study of the problem of cybercrime with a view to examining
options to strengthen existing and to propose new national and international legal or other
responses to cybercrime. This Part presents the key findings from the Study together with
such options.
Key findings
The key findings from the Study concern issues of:
the impact of fragmentation at international level and diversity of national cybercrime
laws on international cooperation
a reliance on traditional means of formal international cooperation in criminal matters
involving cybercrime and electronic evidence for all crimes
the role of evidence ‘location’
harmonization of national legal frameworks
law enforcement and criminal justice capacity
cybercrime prevention activities
The Study examined the problem of cybercrime from the perspective of governments, the
private sector, academia and international organizations. The results are presented in eight Chapters,
covering internet connectivity and cybercrime; the global cybercrime picture; cybercrime legislation
and frameworks; criminalization of cybercrime; law enforcement and cybercrime investigations;
electronic evidence and criminal justice; international cooperation in criminal matters involving
cybercrime; and cybercrime prevention.
Key findings in these areas are presented below and further expanded upon in the
Executive summary that follows this Part:
(a)
Fragmentation at the international level, and diversity of national cybercrime laws, may
correlate with the existence of multiple instruments with different thematic and geographic
scope. While instruments legitimately reflect socio-cultural and regional differences,
divergences in the extent of procedural powers and international cooperation provisions may
lead to the emergence of country cooperation ‘clusters’ that are not always well suited to the
global nature of cybercrime;
(b)
Reliance on traditional means of formal international cooperation in cybercrime matters is not
currently able to offer the timely response needed for obtaining volatile electronic evidence.
As an increasing number of crimes involve geo-distributed electronic evidence, this will
become an issue not only for cybercrime, but all crimes in general;
(c)
In a world of cloud computing and data centres, the role of evidence ‘location’ needs to be
reconceptualized, including with a view to obtaining consensus on issues concerning direct
access to extraterritorial data by law enforcement authorities;
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