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Journal articles on the topic 'Budapest Convention on cybercrime'

Author: Grafiati

Published: 18 April 2022

Last updated: 25 April 2022

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1

Wicki-Birchler, David. "The Budapest Convention and the General Data Protection Regulation: acting in concert to curb cybercrime?" International Cybersecurity Law Review 1, no. 1-2 (September 22, 2020): 63–72. http://dx.doi.org/10.1365/s43439-020-00012-5.

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Abstract The Budapest Convention and the General Data Protection Regulation (GDPR)—two Legal Frameworks designed to curb cybercrime. While the Convention on Cybercrime of the Council of Europe, the Budapest Convention, is the only binding international instrument on this issue, the GDPR is globally setting standards in data protection Law. How are the two policies working to curb cybercrime? Cybercrime concerns every person, every company, every authority and every public institution. The fact that the origin as well as the target of the criminal act can be located virtually everywhere around the globe sets a new challenge for lawmakers in their efforts to protect society. The increasing use and importance of the Internet of Things will create new conveniences for the public to enjoy and at the same time provide countless new entry points for hackers to gain access to devices, networks and valuable data, all of which might be abused for criminal intents. The Budapest Convention on Cybercrime plays a crucial role in the fight against cybercrime by setting state of the art principle based criminal law standards and important procedural rules with regard to the provisional storage of data to be potentially used as evidence in prosecuting criminal acts. GDPR is blazing the trail for the appropriate handling of data, and is thereby—albeit from a different starting point—significantly contributing to an improved data security framework and thus efficiently curbing cybercrime.

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2

Bunga, Dewi. "Legal Response to Cybercrime in Global and National Dimensions." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (April 2019): 69–89. http://dx.doi.org/10.22304/pjih.v6n1.a4.

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Cybercrime is a serious crime in the era of globalization. This crime employs sophisticated technology and anonymity. It is fast, crosses states’ borders, and has a wide impact. Cybercrime causes both material and immaterial losses. It even threatens world peace and security. The legal issue in this research is to discuss the international response to cybercrime, the substance of the Convention on Cybercrime, Budapest, 23.XI.2001, and Indonesia's position in the Convention on Cybercrime. The international response to cybercrime is done by holding international meetings at the United Nations Congress to discuss efforts to prevent cybercrime. Convention on Cybercrime, is the first provision for regulating cybercrime. The substance of the Convention on Cybercrime consists of material criminal law, procedural law, corporate responsibility, international cooperation and so on. Indonesia's position in the Indonesia Convention on Cybercrime is not to ratify the Convention on Cybercrime, but adopts the provisions of the Convention on Cybercrime on the Law Number 11 of 2008 on Information and Electronic Transactions and the Law Number 19 of 2016 on the Amendment of the Law Number 11 of 2008 on Information and Electronic Transactions. The criminal acts provided for in the Information and Electronic Transaction Law in Indonesia are wider than those stipulated in the Convention on Cybercrime.

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3

Bunga, Dewi. "Legal Response to Cybercrime in Global and National Dimensions." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (April 2019): 69–89. http://dx.doi.org/10.22304/pjih.v6n1.a4.

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Cybercrime is a serious crime in the era of globalization. This crime employs sophisticated technology and anonymity. It is fast, crosses states’ borders, and has a wide impact. Cybercrime causes both material and immaterial losses. It even threatens world peace and security. The legal issue in this research is to discuss the international response to cybercrime, the substance of the Convention on Cybercrime, Budapest, 23.XI.2001, and Indonesia's position in the Convention on Cybercrime. The international response to cybercrime is done by holding international meetings at the United Nations Congress to discuss efforts to prevent cybercrime. Convention on Cybercrime, is the first provision for regulating cybercrime. The substance of the Convention on Cybercrime consists of material criminal law, procedural law, corporate responsibility, international cooperation and so on. Indonesia's position in the Indonesia Convention on Cybercrime is not to ratify the Convention on Cybercrime, but adopts the provisions of the Convention on Cybercrime on the Law Number 11 of 2008 on Information and Electronic Transactions and the Law Number 19 of 2016 on the Amendment of the Law Number 11 of 2008 on Information and Electronic Transactions. The criminal acts provided for in the Information and Electronic Transaction Law in Indonesia are wider than those stipulated in the Convention on Cybercrime.

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4

Kyung-Lyul Lee and HA GUNWOO. "A Study on the Implementation of Budapest Convention on Cybercrime." Korean Journal of Comparative Criminal Law 19, no. 4 (January 2018): 501–34. http://dx.doi.org/10.23894/kjccl.2018.19.4.022.

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5

Rabinská, Ivana. "Preservation and Rendition of Computer Data in Slovak Criminal Procedure Code." International and Comparative Law Review 19, no. 2 (December 1, 2019): 285–99. http://dx.doi.org/10.2478/iclr-2019-0025.

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Summary The goal of this article is to analyse the Slovak legislation of preservation and rendition of computer data in accordance with section 90 of the Criminal Procedure Code, which was implemented in the Slovak legal order under the Convention on Cybercrime, Budapest, 23. 11. 2001. In particular, article 16 of the Convention on Cybercrime obliges the member states to adopt necessary legislative and other measures as may be necessary to enable its competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data, that has been stored by means of a computer system, in particular where there are grounds to believe that the computer data is particularly vulnerable to loss or modify. In addition, the article examines the effects of the legislation adopted in practice, including the correlation problems that the legislator has not deal with and also brings up-to-date results of the fight against cybercrime.

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6

Thanh Luong, Hai. "CYBERCRIME IN LEGISLATIVE PERSPECTIVES: A COMPARATIVE ANALYSIS BETWEEN THE BUDAPEST CONVENTION AND VIETNAM REGULATIONS." International Journal of Advanced Research in Computer Science 10, no. 3 (June 20, 2019): 1–12. http://dx.doi.org/10.26483/ijarcs.v10i3.6414.

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7

Park, Jae Sung. "Development of New International Treaties to Combat Cybercrime - Second Additional Protocol to the Budapest Convention and the UN Resolution for a New Cybercrime Treaty -." Justice 185 (August 31, 2021): 246–84. http://dx.doi.org/10.29305/tj.2021.08.185.246.

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8

Nguyen, Dr Chat Le, and Dr Wilfred Golman. "Diffusion of the Budapest Convention on cybercrime and the development of cybercrime legislation in Pacific Island countries: ‘Law on the books’ vs ‘law in action’." Computer Law & Security Review 40 (April 2021): 105521. http://dx.doi.org/10.1016/j.clsr.2020.105521.

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9

Aliyev, Nazim, and Andrey Borbat. "Transnational Organized Crime in the Era of Globalization." Russian Journal of Criminology 14, no. 3 (June 30, 2020): 431–40. http://dx.doi.org/10.17150/2500-4255.2020.14(3).431-440.

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The authors analyze versatile manifestations of globalization, the internationalization of the global community development in the modern technogenic conditions, and conclude that these processes lead not only to positive, but, unfortunately, also to negative consequences. Specifically, they focus on the qualitative and quantitative changes in the heterogeneous structure of the so-called transnational organized crime. It is claimed that the most dangerous of them are cybercrimes, drug-related crimes, and human trafficking, which became the object of theoretical and empirical research. The study of international and national materials made it possible to apply a multi-aspect approach to the analysis of the normative basis and statistical data in this sphere. The authors identify the trends and regularities in the development of modern drug-related crimes in the plain of global and local socio-political, economic and legal phenomena; they also identify the priorities for the work of government bodies, including law enforcement agencies, aimed at counteracting these crimes. For cybercrimes, the authors outline the scope of the most dangerous types of illegal activities against national and economic security of states, against the rights and freedoms of their citizens; primarily, they single out the spread of terrorist threats, fraud related to financial and commercial information, personal data, etc. They analyze the clauses of the basic international normative legal act on counteracting cybercrime - the Budapest Convention of the Council of Europe - and pay special attention to the differentiation of crimes while taking into account this type of illegal activity, as well as the enforcement of the Convention in modern conditions. The essence of international terrorism is determined based on the statistical data and their correlation in one or another state; ideologically radical worldviews, separatism, personal ambitions of modern elites are recognized to be key prerequisites for this work. It is claimed that, as a type of transnational crime, global human trafficking is rather dangerous for modern society because of its considerable latency; its manifestations are described, it is also noted that a complex of preventive measures should be implemented at the international and national levels. The authors conclude that transnational crime is an urbanized deeply interconnected phenomenon that does not exist in a pure form and requires highly coordinated large-scale actions from the global and the national communities, as well as adequate professional training of law enforcement employees.

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10

Cidrão, Taís Vasconcelos, Antonio Walber Muniz, and Ana Abigail Alves. "oportuna e necessária aplicação do Direito Internacional nos ciberespaços: da Convenção de Budapeste à legislação brasileira." Brazilian Journal of International Relations 7, no. 1 (May 27, 2018): 66–82. http://dx.doi.org/10.36311/2237-7743.2018.v7n1.01.p66.

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O objetivo primordial do presente trabalho é analisar o avanço da legislação brasileira, especialmente as leis 12.737/2012 (Lei Carolina Dieckmann) e 12.965/2014 (lei do Marco Civil da Internet), em diz respeito às inovações nas abordagens quanto aos crimes nos ciberespaços (cibercrimes). Posteriormente, far-se-á uma análise dentro do direito internacional, bem como da Convenção de Budapeste que visa solucionar as questões quanto ao mau uso da internet. Justifica-se o presente estudo através do avanço tecnológico do mundo moderno, que por sua vez contribuiu para a criação de novéis hábitos nas “novíssimas” formas de comunicação, que passaram a se valer de meios inovadores capazes de promover diálogo com as pessoas em tempo real e em qualquer lugar do mundo. Entretanto, não só no Brasil, mas emtodos os países em geral o mau uso da internet tem gerado muitos confrontos que ultrapassam as barreiras fronteiriças, como a prática de atos que violam direitos da personalidade, direito de propriedade intelectual e outros delitos criminais. Desta feita, os problemas que envolvem a internet, geralmente, têm suas repercussões extrapolando a legislação interna de cada Estado, que muitas vezes é insuficiente para resolver tal questão. Acredita-se ser, não só oportuna, mas necessária a utilização do Direito Internacional como opção catalisadora para o combate aos males que envolvem a rede mundial dos computadores. Para isso, será utilizada uma metodologia de pesquisa baseada em estudo bibliográfico de natureza qualitativa, pura em relação ao seu resultado, e descritivo-exploratória quanto aos seus objetivos. Palavras-chave: Direito Internacional. Internet. Cibercrimes. Abstract: The main objective of this work is to analyze the progress of Brazilian legislation, especially laws 12,737 / 2012 (Carolina Dieckmann Law) and 12,965 / 2014 (Internet Civil Law Law), regarding innovations in approaches to cyber crimes (cybercrimes). Subsequently, an analysis will be made under international law, as well as the Budapest Convention, which will address the issues of misuse of the internet. The present study is justified by the technological advance of the modern world, which in turn has contributed to the creation of new habits in the "newest" forms of communication, which have come to use innovative means capable of promoting dialogue with people in time real and anywhere in the world. However, not only in Brazil, but in all countries in general, the misuse of the Internet has generated many confrontations that go beyond border barriers, such as the practice of acts that violate personality rights, intellectual property rights and other criminal offenses. This time around, the problems involving the Internet generally have their repercussions, extrapolating the internal legislation of each State, which is often insufficient to resolve this issue. It is believed to be not only timely but necessary to use International Law as a catalyst for combating the evils that surround the global computer network. For this, a research methodology based on a bibliographic study of a qualitative nature, pure in relation to its result, and descriptive-exploratory in terms of its objectives will be used. Keywords: International Law. Internet. Cybercrime.

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11

Madsen, Wayne. "Cybercrime Convention Steams Ahead." Network Security 2001, no. 5 (May 2001): 6. http://dx.doi.org/10.1016/s1353-4858(01)00512-8.

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12

Popko, V. V., and E. V. Popko. "International legal regulation of transnational cybercrime in cyberspace." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 276–83. http://dx.doi.org/10.24144/2307-3322.2021.66.46.

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The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed. The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.

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13

Smith, Robert, and Mark Perry. "Fake News and the Convention on Cybercrime." ATHENS JOURNAL OF LAW 7, no. 3 (July 1, 2021): 335–58. http://dx.doi.org/10.30958/ajl.7-3-4.

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The COVID-19 pandemic and the recent term of the United States President, Donald Trump, brought the term “fake news” to the attention of the broader community. Some jurisdictions have developed anti-fake news legislation, whilst others have used existing cybercrime legislation. A significant deficiency is the lack of a clear definition of fake news. Just because a person calls something “fake news” does not mean that it is indeed false. Especially during pandemics, the primary aim should be to have misinformation and disinformation removed quickly from the web rather than prosecute offenders. The most widely accepted international anti-cybercrime treaty is the Convention on Cybercrime developed by the Council of Europe, which is silent on fake news, the propagation of which may be a cybercrime. There is an Additional Protocol that deals with hate speech, which the authors consider to be a subset of fake news. Using examples from Southeast Asia, the paper develops a comprehensive definition of what constitutes fake news. It ensures that it covers the various flavours of fake news that have been adopted in various jurisdictions. Hate speech can be considered a subset of fake news and is defined as the publication or distribution of fake news with the intention to incite hatred or violence against ethnic, religious, political, and other groups in society. The paper proposes some offences, including those that should be applied to platform service providers. The recommendations could be easily adapted for inclusion in the Convention on Cybercrime or other regional conventions. Such an approach is desirable as cybercrime, including propagating fake news, is not a respecter of national borders, and has widespread deleterious effects. Keywords: Fake news; hate speech; Convention on Cybercrime; draft legislation

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14

Murphy, Sean D. "Hate-Speech Protocol to Cybercrime Convention." American Journal of International Law 96, no. 4 (October 2002): 973–75. http://dx.doi.org/10.2307/3070700.

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15

Abdelbaqi, Mustafa. "Enacting Cybercrime Legislation in an Endeavour to Counter Cybercrime in Palestine." Global Journal of Comparative Law 5, no. 2 (July 30, 2016): 226–61. http://dx.doi.org/10.1163/2211906x-00502003.

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The rapid development of information and communication technology has increased the opportunities for criminals to commit cybercrime. As many countries, Palestine faces problems countering cybercrime from both the legislative and technical perspectives. Palestinian courts deal with the matter using one of two approaches. In some instances, public prosecutors choose not to prosecute the act due to the fact that there is no provision of law applicable to the conduct. In others, they adapt the related conventional provisions of the Criminal Code to the conduct. To counter cybercrime, the Palestinian legislature should enact a cybercrime law, which is compatible with the Council of Europe Convention on Cybercrime, or incorporate the Arab Convention on Combating Information Technology Offences of 2010 in the Palestinian legal system. Legal reform is crucial, but not sufficient. Technical approaches, public awareness and ethical online education are vital as well. Meanwhile, the cooperation of the international community, as a whole, including the different formal and informal agencies in each country becomes necessary.

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16

Herzog, Felix. "Straftaten im Internet, Computerkriminalitat und die Cybercrime Convention." Política criminal 4, no. 8 (December 2009): 475–84. http://dx.doi.org/10.4067/s0718-33992009000200006.

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17

Kierkegaard, Sylvia. "Cybercrime convention: narrowing the cultural and privacy gap?" International Journal of Intercultural Information Management 1, no. 1 (2007): 17. http://dx.doi.org/10.1504/ijiim.2007.014368.

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18

Ra, Kwang Hyun, and Hea Sung Yoon. "A Review of Empirical Studies Regarding Cybercrime Convention." Criminal Investigation Studies 5, no. 1 (June 30, 2019): 49–73. http://dx.doi.org/10.46225/cis.2019.06.5.1.49.

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19

Doneva, Natasa. "Cybercrime regulations: need for a new international approach?" Optime 13, no. 2 (February 6, 2022): 167–80. http://dx.doi.org/10.55312/op.v13i2.377.

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Cybercrimes, cyber terrorism and cyber war are the pandemic of the 21st century. This problem existed before, but lately they have spread with a rapid speed, and have modified from their basic appearance, which makes them difficult to follow. The purpose of this paper is to show the need for a cyber convention of a new kind, and to explain the need for better international legal framework. The paper is “dealing “first with the European Convention of Cybercrime and its use. Also having in mind that the cyber field is not only consisted from cybercrimes/ offences but also with cyber terrorism and cyber wars, the second part of the paper isdedicated to the need of a new Digital convention. The last part is giving a brief overlook of the Macedonian legislation considering the cybercrimes.

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20

YERJANOV, Timur Keldeshevich, Zulfiya Mazhitovna BAIMAGAMBETOVA, Aliya Mazhitovna SERALIEVA, Zhanat ZHAILAU, and Zhuldyz Talgatovna SAIRAMBAEVA. "Legal Issues Related to Combating Cybercrime: Experience of the Republic of Kazakhstan." Journal of Advanced Research in Law and Economics 8, no. 7 (June 17, 2018): 2286. http://dx.doi.org/10.14505//jarle.v8.7(29).30.

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This paper deals with the legal issues related to combating cybercrime in the global information and communication networks through comparative analysis of relevant legislation of the Republic of Kazakhstan and Western European countries. The purpose of this research is to identify the specific features of present cybercrime, to develop a conceptual framework, to specify new forms of cybercrime and to find the main directions in combating cybercrime. The research methodology was based on dialectical, comparative legal, sociological, system-structural and statistical methods, as well as on social experiment. The study gave the possibility to disclose specific features of cybercrime, provided a universal definition of cybercrime, which can be used in international conventions as well as in international criminal investigation. The study highlighted two new types of cybercrime - cyber-terrorism and identity theft with the view of committing crimes, which could be included in the Convention on Cybercrime. The authors of this study developed a universal conceptual framework that can be used in international legal instruments and international cooperation in combating cybercrime and formed a unified approach to address some legal issues related to cybercrime in the global information and communication networks.

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21

Yoon, Haesung, and Kwanghyun Ra. "Recedence issues for accession to the Convention on Cybercrime." Gachon Law Review 12, no. 3 (September 30, 2019): 201–26. http://dx.doi.org/10.15335/glr.2019.12.3.005.

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22

Cassim, Fawzia. "Formulating specialised Legislation to address the Growing Spectre of Cybercrime: A Comparative Study." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (June 26, 2017): 35. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2740.

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The article looks at cyber legislation formulated to address cybercrime in the United States of America, the United Kingdom, Australia, India, the Gulf States and South Africa. The study reveals that the inability of national laws to address the challenges posed by cybercrime has led to the introduction of specialised cyber legislation. It is advocated that countries should amend their procedural laws to include intangible evidence of cybercrime, as opposed to tangible evidence of traditional crimes. It is possible that new forms of cybercrime will often emerge with evolving technology; therefore new cyber laws should be introduced to respond to these rapid changes. There should also be continuous research and training of IT security personnel, financial services sector personnel, police officers, prosecutors and the judiciary to keep them abreast of the evolving technology. International co-operation between countries is also required to address the global nature of cybercrime. To this end countries such as South Africa should ratify the Council of Europe’s Convention on Cybercrime (COECC) to serve as a deterrent against international cybercrime. A balanced approach that considers the protection of fundamental human rights and the need for the effective prosecution of cybercrime has been mooted as the way forward.

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Yoon, Hae Sung, and Kwang Hyun Ra. "Ratification Issues on European Cybercrime Convention focusing on Preservation Order." Korean Association of Police Science Review 21, no. 3 (June 30, 2019): 115–38. http://dx.doi.org/10.24055/kaps.21.3.5.

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24

Tarasov, Anatoly M. "The structure and content of the convention on combating cybercrime." Bezopasnost informacionnyh tehnology 25, no. 4 (December 2018): 53–63. http://dx.doi.org/10.26583/bit.2018.4.05.

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25

Wales, Elspeth. "Draft Council of Europe Cybercrime Convention Upsets Civil Rights Bodies." Computer Fraud & Security 2000, no. 12 (December 2000): 7. http://dx.doi.org/10.1016/s1361-3723(00)12021-4.

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26

Rogachev, Ilya. "THE EUROPEAN CONVENTION ON CYBERCRIME IS INADEQUATE TO THE TASK." Security Index: A Russian Journal on International Security 17, no. 4 (December 2011): 5–8. http://dx.doi.org/10.1080/19934270.2011.609722.

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M. Yasin, ASLAN. "GLOBAL NATURE OF COMPUTER CRIMES AND THE CONVENTION ON CYBERCRIME." Ankara Üniversitesi Hukuk Fakültesi Dergisi 3, no. 2 (2006): 1. http://dx.doi.org/10.1501/hukfak_0000000259.

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Tosoni, Luca. "Rethinking Privacy in the Council of Europe's Convention on Cybercrime." Computer Law & Security Review 34, no. 6 (December 2018): 1197–214. http://dx.doi.org/10.1016/j.clsr.2018.08.004.

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29

Verdelho, Pedro. "Obtaining digital evidence in the global world." UNIO – EU Law Journal 5, no. 2 (July 2, 2019): 136–45. http://dx.doi.org/10.21814/unio.5.2.2298.

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Gathering evidence in criminal proceedings is becoming more complicated each day. Cases are no longer merely national in nature. Nowadays most of the cases require obtaining evidence from global Internet service providers. This means that evidence from a crime may be found anywhere. The Budapest Convention addresses this issue, in Article 32, allowing the competent authorities of a State Party to seek data in another’s Party territory, in limited circumstances. The Portuguese law goes beyond those limited cases, allowing Portuguese authorities to extend searches beyond the physical and political borders of Portugal, no matter where the data may physically be stored. The drafting process of a Second Additional Protocol to the Budapest Convention is currently ongoing. It is expected that this exercise will allow State Parties to the Budapest Convention to seek an agreement on a number of issues regarding obtaining evidence from the cloud, such as loss of location, or transborder searches, or direct cooperation with providers in other jurisdictions, amongst others.

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Wirasisya, Muhammad Granit Ady, and Tulus Warsito. "Penolakan European Convention On Cybercrime Oleh Rusia Dalam Mempertahankan Kepentingan Nasional." Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 12, no. 1 (April 7, 2021): 96. http://dx.doi.org/10.32493/jdmhkdmhk.v12i1.10210.

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Cepatnya perkembangan teknologi dan komunikasi memunculkan sebuah dunia baru, yaitu dunia cyber atau cyberspace. Hal ini memiliki dampak kepada pembuatan kebijakan negara. Cepatnya perkembangan teknologi dan informasi tidak dapat diikuti oleh negara-negara menyebabkan diperlukannya kerjasama antar negara untuk memperkokoh dan mengharmonisasikan kebijakan didalam dunia cyber. Kejahatan yang terjadi didalam dunia cyber termasuk kedalam kejahatan internasional karena tempat pelaku melakukan kejahatan tidak sama dengan target yang dituju. Penelitian ini dilakukan untuk melihat bagaimana kebijakan Rusia didalam menangani ancaman dunia cyber dan menolak menandatangani European Convention on Cybercrime. Rusia memiliki perbedaan pendapat terhadap dunia cyber dimana Rusia melihat dunia ini adalah sebuah ancaman negara. Rusia tidak mengikuti penandatanganan Convention on Cybercrime yang membuat Rusia melakukan kerjasama dengan negara yang memiliki pemikiran yang sama dalam dunia cyber Selain itu Rusia juga ikut didalam Shanghai Cooperation Organization dan Collective Security Treaty Organization didalam pertahanan Cyber untuk melakukan harmonisasi kebijakan dunia cyber di wilayah regional. Dengan melihat hal ini, Rusia meskipun memiliki pandangan yang berbeda dengan negara lain, memiliki kebijakan cyber dalam negeri dan luar negeri yang mumpuni dalam mempertahankan negara dalam ancaman yang berada dari dunia cyber.

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이기수 and Min, Shou-Xuan. "Review revision of law for strengthening cooperation between Korea and China on cybercrime - Based on European Convention on Cybercrime -." Korean Journal of Comparative Criminal Law 19, no. 4 (January 2018): 535–57. http://dx.doi.org/10.23894/kjccl.2018.19.4.023.

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32

최혁두. "The review of implementing legislation for the adoption of Convention on Cybercrime." 치안정책연구 32, no. 3 (December 2018): 379–404. http://dx.doi.org/10.35147/knpsi.2018.32.3.379.

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33

Edgar-Nevill, Denis. "The EU ECENTRE Project." International Journal of Cyber Warfare and Terrorism 3, no. 4 (October 2013): 10–21. http://dx.doi.org/10.4018/ijcwt.2013100102.

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Since the EU Cybercrime Convention in 2000 (EU 2001), there has been a clear recognition of the accelerating threats to society posed by those who would exploit computers for crime and the logical progression to cyber-terrorism and cyberwarfare. Since that time the capacity to deal with cybercrime (crimes involving the use of computers) has improved but the problem has grown alarmingly. The European Commission recognises the increasing threat of cybercrime and has committed significant research and development funding in seeking to protect the community from cybercrime and cyberwar. This paper discusses a new European Commission funded project ECENTRE – England's Cybercrime Centre of Excellence Network for Training, Research and Education. On 20th December 2012 the European Commission signed the €0.935million (£760,000) contract for the project. The contract is awarded under the Programme Prevention of and Fight against Internet Crime Targeted Call – ISEC 2011 Action Grants– Project Number HOME/2011/ISEC/AG/INT/4000002226. The author is the Project Manager and Principal Investigator for the project. ECENTRE forms part of a wider European network of centres of excellence to share expertise, promote best practice and provide training opportunities for law enforcement across the EU. The challenges in establishing effecting cooperation and sharing are discussed. The considerable problem of keeping pace with the fast-developing, complex, problem posed by threats to national infrastructure, organisations and individuals is examined; highlighting the role of education as a fundamental weapon in the fight. The more we know about a threat (real or potential) – the better protected against it we become.

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Bartfai, Endre Gyorgy. "Budapest, Bratislava and Vienna conference facilities, comparative analysis." Tourism and hospitality management 17, no. 1 (2011): 131–39. http://dx.doi.org/10.20867/thm.17.1.10.

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The aim of this study is to give an overview of conference facilities in three capital cities in the Central European area, along the Danube, analyse and compare their possibilities and venues. The utilized data within the study was collected from different sources, like websites of the Hungarian, Slovakian and Austrian Convention Bureaus, books dealing with convention and event management and statistics, ICCA publications. Budapest is highly ranked between cities transacting conferences for years. There are 146 different conference facilities with a total capacity for 114.000 participants. The 7 conference centres and all four- and five-star hotels suit all requirements of the different professional organizations. Budapest hosted many megaconferences; out of these the ASTA yearly session and the vein-surgery conference can be excelled. From the conference capacity of Budapest only one conference facility is missing which could host more than 5.000 participants. After analysing the conference capacities of the three Danube-band capitals – Budapest, Vienna, Bratislava, – it can be seen what kind of similarities and differences are characterizing the cities. At the end of this study the writer makes recommendations for the place of the mega-conference centre, the development of a modern and up-to-date conference database, as well as for the cooperation of the three capitals in connection with managing mega-conferences.

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Clough, Jonathan. "The Council of Europe Convention on Cybercrime: Defining `Crime’ in a Digital World." Criminal Law Forum 23, no. 4 (September 25, 2012): 363–91. http://dx.doi.org/10.1007/s10609-012-9183-3.

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Permana, Wahyu Priyanka Nata. "Reviewing Information and Electronic Transaction Act from a Convention on Cybercrime of 2001." Jurnal Hukum Novelty 12, no. 2 (October 5, 2021): 267. http://dx.doi.org/10.26555/novelty.v12i2.a17679.

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Markova, Elena. "Regulation of liability for offences committed with the use of electronic funds of payment in the legislation of the countries of Romano-Germanic of legal system." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 3 (October 2, 2020): 98–105. http://dx.doi.org/10.35750/2071-8284-2020-3-98-105.

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The article is devoted to the study of the regulation of criminal liability for crimes committed using electronic means of payment related to cybercrime in the legislation of certain foreign countries of the Romano-Germanic legal family. The article notes that the Romano-German legal system is significantly distinguished from other families not only by the fact that it possesses, due to historical traditions, many characteristics of the law of ancient Roman jurisprudence, but also by the legal peculiarities of criminal legislation on cybercrime. The relevance of cybercrime, its differentiation based on the Convention on Crime in the Field of Computer Information (ETS No. 185) and the peculiarities of the criminal regulation of crimes committed using electronic means of payment in Sweden, France, Germany, Spain, Netherlands, China and the Baltic States are noted. It is pointed out that the issues of combating such crimes are of particular importance in all countries of the Romano-Germanic legal family. Despite differences in the position of legislators with regard to the criminalization of acts committed by electronic means of payment, in all countries attacks on property are considered as attacks on the foundations of the State, and protection against such attacks is one of the most important State functions. It is noted that the criminal codes of most States include rules on computer fraud, computer theft; Obtaining information constituting commercial and banking secrecy through improper access to computer information (commercial, banking espionage); Extortion using computer equipment. It is stated that the first step towards criminal law protection of computer information, development of criminal legislation to counter economic cybercrime was taken in Sweden in the Law on Computer Crimes (1973).

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COPEŢCHI, Stanislav. "Obiectul infracţiunii de pornografie infantilă: analiza gradului de compatibilitate între prevederile naţionale, internaţionale şi cele din legislaţiile unor state străine." Analele Universitării din București Drept 2021, no. 2021 (July 2, 2021): 86–100. http://dx.doi.org/10.31178/aubd.2021.06.

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In the present scientific approach is discussed the material/immaterial object of the crime of child pornography, in accordance with the criminal law of the Republic of Moldova, from the perspective of its compatibility with the provisions of the main international instruments in this matter (especially the Lanzarote Convention and the Budapest Convention). Likewise, is performed a comparative analysis of the national (Moldovan) provisions, being highlighted the content of some norms of incrimination from the criminal laws of some foreign states in the part concerning the material/immaterial object of the crime of child pornography.

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Grigaitytė, Ugnė, and Miglė Mackevičiūtė. "Nusikaltimai virtualioje erdvėje – šiuolaikiniai Iššūkiai ir prevencijos galimybės." Vilnius University Open Series, no. 4 (November 16, 2020): 274–94. http://dx.doi.org/10.15388/os.tmp.2020.13.

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The article presents an analysis of the virtual crimes, its problematic aspects, inter alia, prevention opportunities. Discussing types of virtual crimes, content aspects in the context of nowadays challenges, illegal acts’ measures. Regulatory reviews at national, European Union and international level, considered by the competent intitutions, as well as case law. Convention on cybercrime, adopted in 2001, extensively covering and legally regulating crimes, commited through virtual space, a comparison with Lithuanian legislation, including criminal code. The work emphasizes latency of cybercrimes likewise the damages comparing with ordinary crimes.

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Nowicka, Julia, and Marta Zaroślak. "ACTIVITIES FOR PROTECTION OF YOUNG CYBERSPACE USERS." Rocznik Bezpieczeństwa Morskiego XV - Wydanie specjalne (July 5, 2021): 1–16. http://dx.doi.org/10.5604/01.3001.0015.6695.

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The study indicates actions taken to ensure the safety of minor network users. Prophylactic activity and methods of reacting in the case of identification of perpetrators of prohibited acts are described. It was assumed that in the area of cybersecurity, avoiding threats concerns the educational space, hence information, education and social campaigns play an important role in contemporary social functioning. The study presents the formal and legal framework for the protection of cyberspace users, the functioning of which is determined, among others, by the Convention on the Rights of the Child, the Penal Code, the International Convention on Cybercrime, the Act on Counteracting Drug Addiction, Internet Management Forum, Safer Internet Centers, Scientific and Academic Computer Network. (NASK), Empowering Children Foundation and others. Examples of assumptions of selected social programs building a safe environment for the exchange of information on the Internet are presented.

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Skrypnyk, A. V. "SOME PROBLEMS OF THE CONVENTION ON CYBERCRIME IMPLEMENTATION INTO THE CRIMINAL PROCEDURE LAW OF UKRAINE." Juridical scientific and electronic journal, no. 6 (2020): 101. http://dx.doi.org/10.32782/2524-0374/2020-6/24.

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Ķinis, Uldis, and Ņikita Sinkevičs. "Automatizētās datu apstrādes sistēmā esošo datu kontrole (Kriminālprocesa likuma 219. pants): nacionālie un starptautiskie piemērošanas aspekti." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 19 (2021): 90–109. http://dx.doi.org/10.25143/socr.19.2020.1.090-109.

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Raksta tapšanas ideja ir saistīta ar Valsts policijas iesniegto priekšlikumu Tieslietu ministrijas Kriminālprocesa ekspertu pastāvīgajai darba grupai par grozījumiem Kriminālprocesa likuma 219. panta otrajā daļā. Kriminālprocesa likuma 219. pants “Automatizētās datu apstrādes sistēmā esošo datu kontrole” būtībā ir analogs Kibernoziegumu konvencijas 19. pantam, kas uzliek dalībvalstīm pienākumu pieņemt tādus tiesību aktus, kas atvieglotu to teritorijā esošo sistēmu pārmeklēšanu. Priekšlikuma būtība: atteikties pantā no nacionālās teritoriālās piemērošanas klauzulas, jo tā ierobežojot policijas iespējas iegūt pierādījumus, ja no pārmeklējamās sistēmas ir iespējams likumīgi piekļūt datiem, kas glabājas sistēmās, kas atrodas ārpus Latvijas Republikas teritorijas. Citiem vārdiem sakot, idejas būtība ir mainīt panta piemērošanas jurisdikciju no nacionāli teritoriālās uz pārrobežu. Diskusija par to, vai vienai dalībvalstij ir tiesības veikt datu sistēmu pārmeklēšanu citā dalībvalstī, notiek jau kopš Kibernoziegumu konvencijas pieņemšanas. Turklāt tā turpināsies vismaz līdz Konvencijas otrā Papildprotokola pieņemšanai, kur būtu jāatrisina jautājumi ar pārrobežu sistēmu pārmeklēšanu un datu izņemšanu. Rakstā tiks analizēts, vai un kā situācija, īpaši saistībā ar jurisdikciju kriminālprocesā, pēc Kibernoziegumu konvencijas un Kriminālprocesa likuma pieņemšanas ir mainījusies, un tiks sniegti priekšlikumi, kā efektīvāk būtu risināma problēma, kuru aktualizējusi Valsts policija. The article “Control of Data Located in Automated Data Processing Systems: National and International Application Aspects” is the result of the idea initiated by the proposal submitted by the Latvian State Police, to the Permanent Working Group of Criminal Procedure Experts of the Ministry of Justice regarding the amendment of Section 219, Paragraph 2 of the Criminal Procedure Law. Article 219 of the Criminal Procedure Law “Control of Data in an Automated Data Processing System” is essentially analogous to Article 19 of the Cybercrime Convention, which obliges Member States to adopt such legislation as to facilitate the search of data in systems located within their territory. The essence of the proposal is to renounce the national territorial application clause in the Article, as it restricts the police operability to obtain evidence in criminal proceedings in situations where data stored in another computer systems are located outside of the territory of Latvia but are legally accessible from searchable system via Internet. In other words, to change the scope of jurisdiction of search and seizure to transborder search and seizure. The debate on whether one Member State is entitled to search and capture data in a system located in the territory of another Member State, is not new. It has been running since the adoption of the Convention and it is believed it will continue at least until the adoption of the Second Additional Protocol to the Convention, which should address issues related to cybercrime investigations. In the article, the authors will analyse what and how the situation has fundamentally changed since the adoption of the Cybercrime Convention and the Criminal Procedure Law, especially regarding the understanding of jurisdiction in the application of criminal procedural instruments. The authors also aim to provide their solutions for solving problems in relation with the proposal submitted by the State Police.

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Alkiviadou, Natalie. "Regulating hatred: Of devils and demons?" International Journal of Discrimination and the Law 18, no. 4 (September 11, 2018): 218–36. http://dx.doi.org/10.1177/1358229118796029.

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Hate speech and hate crime are an anathema to any society. On a United Nations level, the central tools to tackle such hatred are Article 20(2) of the International Covenant on Civil and Political Rights and Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. On a Council of Europe level, the Additional Protocol to the Cybercrime Convention tackles racist and xenophobic material, threats and insults as well as revisionist rhetoric transmitted and disseminated through computer systems. On a European Union level, there is the Framework Decision on Racism and Xenophobia. In none of the above-mentioned instruments do we find provisions on homophobic and transphobic speech and crime, nor are there equivalents of documents such as the Framework Decision with the thematic of homophobia and transphobia. This creates a hierarchy of hate, with some forms of hate considered more important than others by the aforementioned institutions, a reality that goes against the very essence of international human rights law.

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Orji, Uchenna Jerome. "The African Union Convention on Cybersecurity: A Regional Response Towards Cyber Stability?" Masaryk University Journal of Law and Technology 12, no. 2 (September 17, 2018): 91–130. http://dx.doi.org/10.5817/mujlt2018-2-1.

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Following the liberalization of telecommunication markets in African States, and the increasing availability of wireless technologies and broadband capacity, the levels of Internet penetration and ICT access in Africa has continued to grow in a phenomenal manner since the beginning of the new millennium. Internet use statistics indicate that Africa’s Internet user population grew from about four and a half million people in 2000 to about 400 million people in December, 2017. However, widespread ICT access and Internet penetration in Africa has also raised concerns over the need to promote cybersecurity governance and cyber stability across the continent. This prompted the African Union to establish a regional cybersecurity treaty, known as the African Union Convention on Cyber Security and Personal Data Protection, in June, 2014. The Convention imposes obligations on Member States to establish legal, policy and regulatory measures to promote cybersecurity governance and control cybercrime. This article analyzes the nature and scope of the cybersecurity governance obligations under the Convention and examines how the adoption of the Convention can promote cyber stability in the African region. In so doing, the paper also examines the challenges impeding the application of the Convention as a framework for promoting regional cyber stability in Africa. The paper identifies the slow pace of Member State ratification and the absence of effective regional coordination as some of the major reasons why the Convention has not been effectively applied as a framework for promoting regional cyber stability. Therefore, the paper makes a case for the establishment of a regional monitoring mechanism within the AU framework to improve the regional harmonization of cybersecurity governance frameworks, and harness the application of the Convention as a framework for promoting regional cyber stability.

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Kolouch, Jan. "Evolution of Phishing and Business Email Compromise Campaigns in the Czech Republic." Academic and Applied Research in Military and Public Management Science 17, no. 3 (December 31, 2018): 83–100. http://dx.doi.org/10.32565/aarms.2018.3.6.

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Cyberspace is an environment in which cyber-attacks can be committed. Fraudulent attacks are one of the oldest cyber-attacks of all. The aim of this article is to familiarize the reader with the evolution of phishing and Business Email Compromise (BEC) attacks that occurred to a large extent in the cyberspace of the Czech Republic from 2014 to 2018. The article describes scam, phishing and BEC definitions, as well as individual ways of implementing specific attacks. Special attention is also paid to the possible criminal liability of the attacker for the described cyber-attacks, both according to the international legal regulations (enshrined in the Convention on Cybercrime) and according to the legislation of the Czech Republic.

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Warmuth, Nick. "Comparative Fascist Studies and the Transnational Turn: First comfas Convention." Fascism 8, no. 1 (July 1, 2019): 109–13. http://dx.doi.org/10.1163/22116257-00801006.

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Between 27 and 29 April 2018, approximately seventy academics from all over Europe met in Budapest to discuss fascism at the first comfas convention. The theme for this inaugural convention was ‘Comparative Fascist Studies and the Transnational Turn’. The International Association for Comparative Fascist Studies (comfas) was originally conceived in 2015 with the idea of creating a nonprofit and non-political community of researchers, ranging from graduate students to established professors. Not restricting itself exclusively to the narrow topic of European fascism of the mid-twentieth century, the organization would aspire to facilitate an interdisciplinary and collaborative scholarly-network that includes the whole spectrum of right-of-center politics and related social issues, including ultra-nationalism, authoritarianism, political violence, racism, genocide, and the Holocaust. Three years later, the original idea was finally put into action. The conference incorporated an overwhelming amount of presentation panels, public lectures, open debates, and would culminate in a reflection discussion on how the association could grow and improve in the future.

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Witting, Sabine K. "Transnational by Default: Online Child Sexual Abuse Respects No Borders." International Journal of Children’s Rights 29, no. 3 (August 17, 2021): 731–64. http://dx.doi.org/10.1163/15718182-29030010.

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Abstract Combatting child sexual abuse on the internet requires a high level of harmonisation of both substantive and procedural laws, as online child sexual abuse is transnational by default: while the transnational nature of child sexual abuse material used to be the exception before the advent of the internet, it is now the rule. In order to prosecute and investigate online child sexual abuse across country borders, states rely heavily on extraterritorial jurisdiction clauses as well as informal and formal law enforcement collaboration channels. This paper analyses existing channels in the opsc, Budapest Convention and Lanzarote Convention, particularly against the background of the recently published crc Committee Guidelines regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (crc/c/156), and provides for concrete guidance on how to ensure that the best interests of the child in the prosecution and investigation of transnational crimes such as online child sexual abuse is the primary consideration.

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Sorbán, Kinga. "The Evolution of Content-Related Offences and Their Investigation During the First 20 Years of the Cybercrime Convention." Hungarian Yearbook of International Law and European Law 9, no. 1 (November 2021): 305–27. http://dx.doi.org/10.5553/hyiel/266627012021009001017.

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Pool, R. L. D., and B. H. M. Custers. "The Police Hack Back: Legitimacy, Necessity and Privacy Implications of The Next Step in Fighting Cybercrime." European Journal of Crime, Criminal Law and Criminal Justice 25, no. 2 (March 15, 2017): 123–44. http://dx.doi.org/10.1163/15718174-25022109.

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In an attempt to strengthen the position of the police to fight cybercrime, the Dutch government proposed new legislation giving police agencies new investigative powers on the Internet. This proposed legislation is controversial as it allows police agencies to hack into computers and install spyware. This paper examines the background and contents of the proposed legislation and tries to answer the question to what extent these new investigative powers may result in infringements of the right to privacy and other fundamental rights of citizens, and whether these infringements are justified. The framework for this evaluation, mainly based on the European Convention on Human Rights, focuses on the legitimacy and necessity of the proposed investigative powers. The most important considerations are that new investigative powers are introduced while existing powers are not used adequately and that there are serious doubts as to whether these new investigative powers will be effective.

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T. M. F. "Wilsonianism Redux: Inadvertent Publication of Secret Protocol, Hungarian-East German Agreement on Visa Requirements." American Journal of International Law 84, no. 1 (January 1990): 281–83. http://dx.doi.org/10.2307/2203031.

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This treaty between the (East) German Democratic Republic and Hungary concerning visa requirements was deposited with the United Nations in accordance with Article 102 of the UN Charter. When the Government of Hungary decided to permit East Germans visiting Hungary to emigrate to the Federal Republic of Germany (West), the authorities in Budapest informed the East German authorities that the treaty had become inoperative. Among the reasons cited was its inconsistency with the Convention Relating to the Status of Refugees, to which Hungary had acceded on March 14, 1989.

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