Tuesday, November 22, 2011

Commonwealth Cybercrime Initiative Proposal

The Commonwealth Internet Governance Forum issued a 57 page Commonwealth Cybercrime Initiative Proposal 19 October 2011. This is mentioned in the CHOGM 2011 Final Communique.

The proposal should be read alongside the Australian Department of Prime Minister and Cabinet (PM&C) "CyberWhitePaper" proposal and the Australian Computer Society has released a Submission for the Australian Cyber Policy White Paper.
Executive Summary

The Internet is one of the truly revolutionary phenomena of our times. It has changed the way we live and work and we have come to rely on it in every sphere of our
endeavours. From a population of 20 million connected to the Internet in 1998, we now have more than two billion and rising. It is estimated that this connectivity will now double in the coming years as a result of a number of factors including the introduction
of non-Latin script top level domains for Internet addresses, expansion of the Internet’s generic domain name space and the increasing prevalence of smart phones and tablets with Internet access.

While the benefits of this borderless ecosystem have grown exponentially, the Internet has also become an irresistible magnet for criminal behaviour. Cyber criminals have become increasingly inventive and gravitate to jurisdictions which offer them most protection because of outdated and non-harmonised legal regimes and law enforcement agencies which do not have the skills and resources to monitor Internet traffic, to investigate complaints, to prosecute or invoke any intervention that may be warranted.

The global and borderless nature of the Internet enables criminals to co-operate and co-ordinate their activities and distribute their assets over several jurisdictions with
impunity. The Initiative which is the subject of this paper aims to address these issues by providing assistance to Commonwealth member states to implement a comprehensive legal framework for responding to cybercrime and acquiring cyber evidence. In so doing it will utilise the Commonwealth Model Law which is consistent with the Budapest Convention on Cybercrime. It will also develop the other components of an effective capability, including 24/7 networks and working protocols with service providers, and gateways for the exchange of intelligence and evidence. It will also assist law enforcement and national security agencies in acquiring the necessary technology and skills to enable them to conduct their work. It will help states wishing to accede to the Budapest Convention to achieve this objective and ensure that states unwilling or unable to do so will develop consistent and effective laws and procedures. The Commonwealth’s ability to instigate such changes benefits from the common institutional backdrop, traditions, language and value system of member states; this is the Commonwealth’s comparative

The Commonwealth as an institution has little by way of specialist capacity or funds for such a venture. Rather it is a catalyst and broker working with the broad alliance of partners with each partner having a unique contribution to make. Development and donor agencies are also expected to play a vital role in the Initiative. It is anticipated that much of the assistance in capacity building will be sought in less developed countries, including small states who do not have the resources and means to pay for this.

This Initiative was developed by the Commonwealth Internet Governance Forum, a multi-stakeholder entity established within the UN Internet Governance Forum (IGF) in recognition of the desperate and urgent need for action to tackle the growth of Cybercrime. The support for it has been overwhelming because a safer Internet is vital to our economic recovery and one of the principal motors contributing to global social and economic growth and development. ...

From: Commonwealth Cybercrime Initiative Proposal, Commonwealth Internet Governance Forum, 19 October 2011

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