Margaret Killerby, Head of Department of Crime of Problems, DGI, Council of Europe pointed out the combined efforts necessary for the control and regulation of cybercrime as a means of improving the current global efforts. Her suggestions point to global participation beginning with the individual and ending with government involvement and cooperation at all levels. Killerby notes that prevention is ideal but cannot be successful without some means of promoting individual awareness of the scope and means of cybercrime.
In other words a knowledgeable individual is an armed individual. With the requisite knowledge, individuals should be encouraged to work closer with law enforcement. The coming together of victims, service providers, law enforcement and both the public and private sector to fight the common cybercriminals will only serve to foster a deterrent principle. The Internet Corporation for Assigned Names and Numbers (ICANN) which coordinates global internet connections can only go so far with the identification of online criminal conduct.
In an effort to heighten security stakeholders of ICANN meet annually. However, with users cooperation, ICANN can work more effectively to provide security and anti-cybercrime policies. Quite obviously ensuring minimum standards of law on an international level together with national cooperation is the only method that will work to contain cybercrime. The knowledge that there are very few safe havens in a legal and social sense is an ideal means of detecting, investigating and prosecuting cybercrime.
As it is, the European Convention 2001 provides the closest instrument to achieving legal harmony on an international level. All that is left is for national governments to educate the public and encourage individual and private sector participation. Conclusion In an age of information technology the risk of cybercrime is heightened with the increase of globalization. Cybercrime is a criminal activity that crosses borders. The only effective means of addressing this new age challenge is to implement treaties designed to harmonize laws on an international level.
This is exactly what the European Convention on Cybercrime attempts to do. While it compromises some measure of sovereignty and individual privacy, these losses are offset by the huge financial losses incurred on wide scale levels as a result of cybercrime. Cybercriminals function primarily because they have safe havens from which to escape liability. It therefore makes sense that a legal framework for the harmonizing of anti-cybercrime laws is the best method for the reduction and control of cybercrime on a global level.
Moreover, coordinated efforts such as those manifested in the joint investigation between Chinese and American officials would not have been possible if both sides of the border did not have similar laws which both define the substantive and procedural laws for the investigation and prosecution of suspected cybercrime. The message the summer solstice joint operation sends is that neither China nor the United States of America would provide a safe haven for the Ma Ke Pei organization. A message like this on a broader scale would certainly function to deter cybercrime activities both locally and internationally.
Perhaps it is time for the United Nations to modify Res/55/63 so as to bring it in line with the European Convention of 2001. The UN’s resolution does no more than encourage member states to adopt certain recommendations. In order to be effective the UN should set out clear guidelines for the enactment of procedural and substantive anti-cybercrime laws in as much detail as the European Convention of 2001. Moreover it should be mandatory for all Member States to ratify the new and improved resolution.
This kind of binding resolution has the capacity to encapsulated problem states that are not members of the European Council and have no duty to subscribe to its convention.
Web Resources Akdeniz, Yaman, Dr. (2006) An Advocacy Handbook For Non Governmental Organizations: The Council of Europe’s Cyber-crime Convention 2001. http://www. shadowmonkey. net/images/stories/cyber-rights_handbook. pdf viewed August 21, 2007 Archik, Kristin. (July 2004) CRS Report to Congress: Cybercrime: The Council of Europe Convention. http://fpc. state. gov/documents/organization/36076. pdf Viewed August 21, 2007 http://www.murdoch.edu.au/elaw/issues/v8n2/brenner82.html