Filenews 3 April 2022 - by Theano Thiopoulou
Europe is constantly looking for ways to increase security in the digital world for those living and doing business in Europe. Last week, the European Commission proposed a negotiating mandate enabling the EU to participate in the negotiations of a new UN international convention on combating the use of information and communication technologies for criminal purposes.
According to Europol's assessment of the threats of organised crime online, the acceleration of digitalisation due to the coronavirus pandemic has significantly affected the development of various cyber threats. The Commission notes that the new UN convention is expected to contribute to the strengthening of international cooperation in the enforcement of criminal law in the global fight against cybercrime.
In the United Nations Convention, offences are clearly and precisely defined in a technologically neutral manner. The definitions shall be consistent with the definitions contained in other relevant international or regional conventions, in particular in the area of organised crime or cybercrime, as well as with international human rights standards.
A Priority for Europe
"The EU will pay particular attention to ensuring a high level of protection of international human rights standards. The EU will also take into account the 2001 Budapest Convention, which defines offences related to cybercrime and provides for powers and procedures for its investigation, forming the foundation of anti-cybercrime legislation in 80% of the world's countries," the Commission says.
The proposal put forward last week aims to approve the EU's participation in the UN negotiations. Work on the new convention began with the UN resolution of December 2019 on "combating the use of information and communication technologies for criminal purposes". Now, negotiations on the contract began in early 2022 and are expected to be concluded in 2024. It is up to the Council to adopt the decision authorising the EU's participation in the negotiations. The fight against cybercrime is a priority for the Commission, as outlined in the Security Union Strategy 2020-2025 and the EU Strategy to tackle organised crime.
Common rules
The negotiations on the international convention should address the EU's common rules on the fight against cybercrime. In particular, these may include: Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, which addresses new developments in the online environment, such as grooming , perpetrators pretend to be children to lure minors for the purpose of sexual abuse; Directive 2013/40/EU on attacks against information systems, which aims to respond to large-scale cyber-attacks by asking Member States to strengthen national legislation on cybercrime and to introduce high-level criminal sanctions, and Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment; which harmonises the offences of natural or legal persons related to non-cash means of payment and extends criminal liability to virtual currencies and digital wallets. Other EU instruments provide common rules to combat crimes that may be made possible through the use of information systems such as terrorism, trafficking in human beings, illicit drug trafficking, illicit arms trafficking, money laundering, corruption and organised crime.
Proceeds from organised crime
The report 'Fight against organised crime: a new five-year strategy to strengthen cooperation across Europe and to make better use of digital tools for investigations' states that 'organised crime groups active in Europe are involved in various criminal activities, notably drug trafficking and trafficking, organised property crime, fraud, migrant smuggling and trafficking in human beings. In 2019, the proceeds of organised crime in the main criminal markets amounted to 1% of the EU's GDP, i.e. €139 billion."
Corruption cases
According to the report, more than 60% of criminal networks operating in the EU are involved in corruption cases and more than 80% use legitimate businesses as a showcase for their activities, while only 1% of criminal assets are seized. The blow to the finances of crime is the key to uncovering, suppressing and preventing crime. The Commission will propose a revision of EU rules on the confiscation of profits of criminal origin, develop anti-money laundering rules.
One of the important elements that has been recorded in the report, is that criminals communicate and commit crimes online but leave digital traces. "Since 80% of crimes have a digital component, both law enforcement agencies and judicial authorities need immediate access to digital evidence and evidence. They also need modern technology, tools and skills to keep pace with modern ways of crime. The Commission will analyse and outline possible approaches to data retention, as well as propose ways to lawful and targeted access to encrypted information in the context of criminal investigations and prosecutions while protecting the security and confidentiality of communications. The Commission will also work with the relevant EU agencies to provide national authorities with the tools, knowledge and operational expertise needed to conduct digital investigations," it said.
Evolving threats
Criminals, the Commission's report notes, are increasingly exploiting technological developments for their purposes, through the use of malicious software, and as noted, data theft is constantly increasing. The Commission will ensure that existing EU rules on the fight against cybercrime are fit for purpose and properly implemented, and will consider measures to combat identity theft.
Hybrid threats
Tackling hybrid threats aimed at weakening social cohesion and undermining trust in institutions, as well as strengthening the EU's resilience, is an important element of the Security Union strategy, the report noted. Key measures include an EU approach to countering hybrid threats, from early detection, analysis, awareness-raising, resilience building and prevention to crisis response and consequence management. The Commission and the High Representative will continue to promote this work together, in close cooperation with strategic partners, in particular NATO and the G7.
Huge cost to victims
According to the report, organised crime has a huge cost for the victims, as well as for the economy, with €218 to €282 billion. be estimated to be lost every year. The key measures include an agenda to tackle organised crime, including trafficking in human beings. More than a third of criminal organisations active in the EU are involved in drug trafficking. The Commission is proposing a new EU agenda on drugs to strengthen efforts to reduce the demand for and supply of drugs, and to strengthen cooperation with external partners.
