At the 11th UN Workshop on Crime Prevention and Criminal Justice held in Bangkok from April 18th to April 25th, 2005, Ambassador Henning Wegener emphasized that the global nature of cybercrime required more than mere international co-operation on a voluntary basis for the successful control of cybercrime. He maintained that it was necessary to construct a single international code providing for mandatory compliance on the part of all UN member states. He stressed that it was imperative that anti-cybercrime laws operate in a “global culture of cyber security.
” Despite the ongoing talks and the suggestions put forth by the United Nations there are no uniform codes regulating anti-cyber crime laws on an international level. The closest instrument to date is found in the Council of Europe Cybercrime Convention which sets out guidelines for harmonizing anti-cybercrime laws among member states. At a meeting in Peru in 1999 the Organization of American States recommended that a group of experts on the issue of cybercrime be established.
In 2002 the group of experts were established at a meeting in Trinidad and Tobago and they were given the following instructions: “To consider the preparation of pertinent inter-American legal instruments and model legislation for the purpose of strengthening hemispheric cooperation in combating cybercrime, considering standards relating to privacy, the protection of information, procedural aspects, and crime prevention. ” The experts met with the Ministers of Justice of the Organization of American States in Washington D. C. in April of 2003 and recommended as follows:
“That Member States evaluate the advisability of implementing the principles of the Council of Europe Convention on Cybercrime (2001), and consider the possibility of acceding to that convention. ” As a result of this recommendation the Organization of American States under the auspice of the European Council and Spain met in Madrid in 2005 with the Group of Governmental Experts on Cybercrime. At this meeting it was acknowledged that the Council of Europe Convention on Cybercrime was the only international treaty on anti-cybercrime measures and stated that they:
“Strongly encourage States to consider the possibility of becoming Parties to this Convention in order to make use of effective and compatible laws and tools to fight cybercrime, at domestic level and on behalf of international cooperation…” Three meetings followed the Madrid meeting and at a final meeting held in 2006 and essentially concluded that member states of the Organization of American States would adapt the Council of Europe Convention on Cybercrime, Moreover, they would be required to accede to the UN Resolution 55.63/2000 particularly in respect of information sharing among nations.
The Asia Pacific Economic Cooperation Like the Organization of American States, the Asia Pacific Economic Cooperation met in 2002 for the express purpose of engaging in a campaign for the enactment of anti-crime laws that were consistent with the UN’s Resolution 55/63/2000 mandate and the guidelines set forth by the Europe Convention on Cybercrime.
Several meetings followed and by November 2005 the Organization of American States made a final commitment which reads in part as follows: “Encourage all economies to study the Convention on Cybercrime (2001) and endeavour to enact a comprehensive set of laws relating to cybersecurity and cybercrime that are consistent with international legal instruments, including United Nations General Assembly Resolution 55/63 (2000) and the Convention on Cybercrime (2001). ” The Association of Southeast Asian Nations
The Association of Southeast Asian Nations set up a Ministerial Meeting on Transnational Crime and in a statement made by that Ministerial group in Bangkok on January 8, 2004 cybercrime was acknowledged together with a need to come together on some common ground with a view to regulating and controlling it. Previously in 2003 a treaty with China and the Association of Southeast Asian Nations entitled “A Plan of Action to Implement the Joint Declaration on ASEAN-China Strategic Partnership for Peace and Prosperity” was signed in Bali, Indonesia. The ASEAN-China treaty pledged the following:
“Formulate cooperative and emergency response procedures for purposes of maintaining and enhancing cybersecurity, and preventing and combating cybercrime. ” In July 2006, the Association of Southeast Asian Nations Regional Forum noted that anti-cybercrime legislation needed immediate attention as a result of a rapidly growing global fear of terrorism and cyber attacks in general. As a result member states were urged to implement anti-cyber laws consistent with existing “international instruments” and they were also required to adapt the recommendations set forth in the UN’s Resolution 55/63/2000.