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A broad, inclusive focus is necessary to address
problems of cybercrime, going beyond criminal law, penal
procedures and law enforcement. The focus should include
requirements for the secure functioning of a
cyber-economy optimizing business confidence and
individual privacy, as well as strategies to promote and
protect the innovation and wealth-creating potential and
opportunities of information and computing technologies,
including early warning and response mechanisms in case
of cyberattacks. Behind the prevention and prosecution
of computer-related crime looms the larger challenge of
creating a global culture of cybersecurity, addressing
the needs of all societies, including developing
countries, with their emerging and still vulnerable
information technology structures.
International cooperation
at all levels should be developed further. Because of
its universal character, the United Nations system, with
improved internal coordination mechanisms called for by
the General Assembly, should have the leading role in
intergovernmental activities to ensure the functioning
and protection of cyberspace so that it is not abused or
exploited by criminals or terrorists. In particular, the
United Nations system should be instrumental in
advancing global approaches to combating cybercrime and
to procedures for international cooperation, with a view
to averting and mitigating the negative impact of
cybercrime on critical infrastructure, sustainable
development, protection of privacy, e-commerce, banking
and trade.
All States should be encouraged to update their criminal
laws as soon as possible, in order to address the
particular nature of cybercrime. With respect to
traditional forms of crime committed through the use of
new technologies, this updating may be done by
clarifying or abolishing provisions that are no longer
completely adequate, such as statutes unable to address
destruction or theft of intangibles, or by creating new
provisions for new crimes, such as unauthorized access
to computers or computer networks. Such updating should
also include procedural laws (for tracing
communications, for example) and laws, agreements or
arrangements on mutual legal assistance (for rapid
preservation of data, for example). In determining the
strength of new legislation, States should be encouraged
to be inspired by the provisions of the Council of
Europe Convention on Cybercrime.
Governments, the private sector and non-governmental
organizations should work together to bridge the digital
divide, to raise public awareness about the risks of
cybercrime and introduce appropriate countermeasures and
to enhance the capacity of criminal justice
professionals, including law enforcement personnel,
prosecutors and judges. For this purpose, national
judicial administrations and institutions of legal
learning should include comprehensive curricula on
computer related crime in their teaching schedules.
Cybercrime policy should be evidence-based and subject
to rigorous evaluation to ensure efficiency and
effectiveness. Therefore, concerted and coordinated
efforts at the international level should be made to
establish funding mechanisms to facilitate practical
research and curb many types of newly emerging
cybercrime. It is, however, equally important to ensure
that research be internationally coordinated and that
research results be made widely available.
UNODC should bring the
results of the Workshop on Measures to Combat
Computer-related Crime, to be held during the Eleventh
Congress, to the attention of the second phase of the
World Summit on the Information Society, to be held in
Tunis in 2005, for its consideration.
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