EU activities against cyber crime

Radomír Janský Unit - Fight against Organised Crime

Directorate-General Justice, Freedom and Security (DG JLS)European Commission

radomir.jansky@ec.europa.eu

European Commission Directorate-General Justice, Freedom and Security

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EU Action• EU Treaty – EU must be “maintained and developed as an

area of freedom, security and justice” Title V – EU shall “strengthen the security of the Union in all

ways”

• Institutions – Council-Parliament-Commission (+agencies: e.g. Europol, Eurojust, ENISA)

• Strategy/Policies/Instruments – CFSP and JHA; European Security Strategy (2003) - information infrastructure security; 2008 Implementation report: cyber security and attacks against IT systems;

EU Strategy for a Secure Information Society (2006) - three-pronged approach embracing:

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EU Action

specific network and information security measures Critical (Information) Infrastructure Protection CI(I)P; e.g. CIP Directive; CIIP: e.g. European multilingual information sharing and alert system at ENISA;

regulatory framework for electronic communications includes privacy and data protection issues; e.g. Data Protection Directive, E-privacy directive (prohibits Spam);

the fight against cyber crime – DG Justice, Freedom, Sec. Hague/Stockholm Programme (2005-10-15) - fight against

terrorism & org. crime & cyber crime; privacy and security in information sharing;

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1. Legislative process

• Council Framework Decision on combating the sexual exploitation of children and child pornography

• Council Framework Decision on attacks against information systems

minimum level of approximation between Member States’ criminal law targeting the main forms of criminal activity concerned

both FDs are being updated

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1. Legislative process (cont’d)

• Council Framework Decision on combating the sexual exploitation of children and child pornography

Weaknesses:• major aspects (e.g. rules to make it easier for children to give

evidence and to alleviate their trauma) have to be reinforced;• new forms of abuse are increasing, in particular in connection

with the new internet technologies (grooming);

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1. Legislative process (cont’d)

• NEW PROPOSAL for Council Framework Decision on combating the sexual exploitation of children and child pornography

Comprehensive approach: Prosecution, Protection,

Prevention Take account of new forms of child abuse, especially on-line Bring EU level up to highest international standards (CoE)

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1. Legislative process (cont’d)

Prosecution: New criminal offences are introduced, such as

'grooming'; viewing child pornography without downloading files; advertising the possibility to abuse children (Art. 6)

Special investigative tools allow the possibility of covert operations (Art. 12,

para 5)

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1. Legislative process (cont’d)

Protection:

States should take the necessary measures to enable units or investigative services to identify the victims of the offences. (Art. 12, para 6)

Prevention:

Systems should be developed at national level to block access to websites containing child pornography. (Art. 18)

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1. Legislative process (cont’d)

• Council Framework Decision on attacks against information systems – current ideas on the update:

• criminalisation of the production, sale, procurement for use, import, distribution or otherwise making available of botnets (tools);

• new aggravating circumstances regarding large-scale attacks, such as the act of putting in place a botnet or a similar tool;

• obligation on Member States to respond to an (urgent) request from other Member States (and within a time limit: 8 hours?);

• to record, produce and provide statistical data on the offences referred to in the FD;

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2. EU and international cooperation

• Communication on Critical Information Infrastructure Protection: "Protecting Europe from large scale cyber-attacks and disruptions: enhancing preparedness, security and resilience".

• Preparedness and prevention - to ensure that adequate and consistent levels of preventive, detection, emergency and recovery measures are in place in all Member states.

• Detection and response - supporting the development of a European information sharing and alert system.

• Mitigation and recovery - national and multinational contingency plans and regular exercises for large-scale network security incident response and disaster recovery.

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2. EU and international cooperation

• Communication on Critical Information Infrastructure Protection: "Protecting Europe from large scale cyber-attacks and disruptions: enhancing preparedness, security and resilience".

• International cooperation - to set EU priorities for the long term resilience and stability of the Internet, with a view to proposing principles and guidelines to be promoted internationally;

• Establish criteria for European critical infrastructure in the ICT sector - the criteria and approaches currently vary across Member States.

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2. EU and International Cooperation

• G8, Council of Europe – Cybercrime Convention• EU Council Conclusions on a concerted work

strategy and practical measures against cybercrime (Nov. ’09) – European Alert Platform

• EU-US expert meeting on cooperation against cyber crime (27 Nov)

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3. Public-Private Cooperation

• EU Council Conclusions – include recommendations on public-private partnership against cyber crime

• EU cyber crime training platform• European Financial Coalition • Commission expert meeting on illegal content –

follow-up to 2008 Council Conclusions (European Agreement Model on public-priv. Coop.)

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4. Financial Programmes

• Safer Internet: € 55 million for 2009-2013

• ISEC (“Prevention of and Fight against Crime”): € 70 million in 2009

http://ec.europa.eu/justice_home/funding/isec/funding_isec_en.htm

Thank you

European Commission Directorate-General Justice, Freedom and Security