{"id":3071,"date":"2022-04-12T14:25:27","date_gmt":"2022-04-12T20:25:27","guid":{"rendered":"https:\/\/wpsites.ucalgary.ca\/isec-601-f21\/?p=3071"},"modified":"2022-04-12T14:25:31","modified_gmt":"2022-04-12T20:25:31","slug":"paper-blog-post-cybersecurity-enforcement-on-an-international-level","status":"publish","type":"post","link":"https:\/\/wpsites.ucalgary.ca\/isec-601-f21\/2022\/04\/12\/paper-blog-post-cybersecurity-enforcement-on-an-international-level\/","title":{"rendered":"Paper Blog Post: Cybersecurity enforcement on an international level"},"content":{"rendered":"\n
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UNODC logo, United Nations Office on Drugs and Crime, retrieved April 12 2022 from <https:\/\/www.un.org\/en\/messengers-peace\/unodc>.<\/figcaption><\/figure>\n\n\n\n

My final project focused on the international enforcement of laws against cybercrimes. Specifically, it looked to the successes and failures of existing regimes which deal with cybercrime, and then attempted to posit suggestions for both the existing cybercrime framework, and potential new treaty documents. <\/p>\n\n\n\n

Overview of Cybercrimes<\/h2>\n\n\n\n

A number of difficulties inherent to cybercrimes become apparent upon researching them. Cybercrimes are difficult to define, and there is a lack of international consensus on what does and does not constitute a cybercrime.1 <\/sup> The consequences and perpetrators also vary dramatically, from lone-wolf criminals targeting elderly citizens to organized crime and international terrorist cells.2<\/sup> Cybercrimes are a growth industry with high returns and low risk, and are on pace to continue to grow in the coming years with the increasing availability of new anonymity and obfuscation technology.3<\/sup> <\/p>\n\n\n\n

By way of response to cybercrimes, the main international agreement undertaken by the global community is the Budapest Convention, <\/em>a document which specifies individual and cooperative goals to be undertaken by signatory states.4<\/sup> International agencies such as INTERPOL, EUROPOL, and the World Economic Forum are also engaged against cybercrime.<\/p>\n\n\n\n

Despite the organized response to cybercrimes, response and conviction rates remain perilously low, with some countries (such as the United States) reporting an approximately 1% rate of arrests for cybercrime, and other countries unable to provide any statistics at all.5<\/sup> Research shows that the primary driver for these abysmal statistics are enforcement gaps between local and international actors, enforcement barrier, jurisdictional issues, and difficulties with enforcement inherent to the legal system (such as procedural issues, time, and capacity shortcomings).6 <\/p>\n\n\n\n

So what has actually worked? <\/h2>\n\n\n\n
\n
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“Budapest Convention on Crime” Council of Europe, retrieved April 12 2022 from <https:\/\/infogram.com\/budapest-convention-on-cybercrime-1h8n6m5ljz5z2xo?live><\/figcaption><\/figure>\n<\/figure>\n\n\n\n

A number of common factors emerge when analyzing trends in cybercrime enforcement. Historically, the greatest indicators of success in cybercrime enforcement have been direct sharing of information between states, speed, available contact points, and participation of private and third party groups.7<\/sup> Conviction rates from case law in multiple jurisdictions point to a similar idea, in addition to standardizing evidentiary procedures.8<\/sup> These factors are not all that surprising, and in fact are provided for within the text of the Budapest Convention. Yet we know that the Budapest Convention insofar has not been particularly successful. So what can be done to increase the rate of success in enforcing cybercrime laws? <\/p>\n\n\n\n

Substance and structure<\/h2>\n\n\n\n
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“CITES Logo”, CITES, retrieved April 04 2022 from <https:\/\/mantawatch.com\/site\/2013\/02\/will-cites-protect-this-threatened-species\/>.<\/figcaption><\/figure>\n\n\n\n

By looking to more successful frameworks within the international law sphere, we can potentially glean some ideas on how to improve or adapt the Budapest Convention. One such framework is the Convention on International Trade of Endangered Species, or CITES. The circumstances and structure of the two frameworks are quite similar, however the principal different between CITES and the Budapest Convention is that CITES allows for more freedom in undertaking unilateral actions by states to keep with their treaty obligations. By allowing signatory parties a similar freedom to craft their own methods to meet treaty obligations, the Budapest Convention might be improved. These improvements might take the form of an additional agreement on top of the Budapest Convention while using the existing convention as a backstop (similar to PIPEDA in Canada), or changing the writing of the existing convention to be less permissive and more imperative. <\/p>\n\n\n\n

Another area that is worth considering is reward diplomacy. The enforcement mechanisms of the current Budapest Convention amount to little more than shaming on an international scale which, while sometimes effective, are not always an ideal enforcement tool. Reward diplomacy, wherein obligations are framed as an opportunity to gain rather than an obligation to avoid punishment, is an attractive alternative. In particular, reward diplomacy is more effective at fostering cooperation and reciprocal action between nations, both of which are indicators of successful cybercrimes enforcement.9<\/sup> Reward diplomacy can take many forms, including technology-for-compliance exchanges, payment agreements, or investment by both states and private third parties. Reward diplomacy would also be much easier to incorporate into the existing wording of the Budapest convention, avoiding the considerable delay and uncertainty of creating new international legislation. <\/p>\n\n\n\n

Conclusion<\/h2>\n\n\n\n

Cybercrimes are difficult to deal with. The damage they cause is varied and can be significant, yet enforcing them implicates all sorts of jurisdictional and procedural headaches. While it is unlikely that any single piece of legislation or treaty will be able to fully wipe them out, changes that encourage more cooperation, speed, and information sharing will hopefully lead to long lasting positive changes in the international enforcement of cybercrimes. <\/p>\n\n\n\n

Sources<\/h2>\n\n\n\n

[1] Ajayi E.F.G, \u201cChallenges to enforcement of cybercrimes law and policy\u201d (2016) 6:1 J Internet and Information
Systems 1 at 2.<\/p>\n\n\n\n

[2] ENISA, \u201cThreat Landscape 2021\u201d (2021) at 7, online (pdf): European Agency for Cybersecurity < www.enisa.europa.eu\/publications\/enisa-threat-landscape-2021>.<\/p>\n\n\n\n

[3] Ajayi, supra<\/em> note 1. <\/p>\n\n\n\n

[4] Convention on Cybercrime<\/em>, November 23 2001, ETS 185.<\/p>\n\n\n\n

[5] Allison Peters & Amy Jordan, \u201cCountering the Cyber Enforcement Gap: Strengthening Global Capacity on
Cybercrime\u201d (2020) 10:487 J Nat Security L & P 487 at 492.<\/p>\n\n\n\n

[6]Ibid<\/em> at 495.<\/p>\n\n\n\n

[7] See generally Pedro Verdelho, \u201cThe effectiveness of international co-operation against cybercrime: examples of good practice\u201d (2008), online (pdf): Council of Europe < www.coe.int\/t\/dg1\/legalcooperation\/economiccrime\/cybercrime\/TCY\/DOC-567study4-Version7_en.PDF>; Susan Brenner & Joseph Schwerha, \u201cTransnational Evidence Gathering and Local Prosecution of International
Cybercrime\u201d (2002) 20:1 J Marshall J Computer & Info L 347 at 355-357; UNODC, \u201cObstacles to cybercrime investigations\u201d (March 2019), online : UNODC < www.unodc.org\/e4j\/en\/cybercrime\/module-5\/key-issues\/obstacles-to-cybercrime-investigations.html>; Jan Kleijssen and Pierluigi Perri, \u201cCybercrime, Evidence and Territoriality: Issues and Options\u201d (2017) 47
Netherlands Yearbook of Intl L 147.<\/p>\n\n\n\n

[8] See for example United States v Okeke<\/em>, No. 4:19-cr-00084 (E.D. Va. Feb. 16, 2021); R v Kalonji<\/em>, 2019 ONCJ 341; R v ML & Ors<\/em> CR S 63\/19.<\/p>\n\n\n\n

[9]Anne van Aaken & Betul Simsek \u201cRewarding in
International Law\u201d (2021) 115:2 American J Intl L 195 at 196.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

My final project focused on the international enforcement of laws against cybercrimes. Specifically, it looked to the successes and failures of existing regimes which deal with cybercrime, and then attempted to posit suggestions for both the existing cybercrime framework, and potential new treaty documents. Overview of Cybercrimes A number of difficulties inherent to cybercrimes become … <\/p>\n

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