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IGF 2014 sub theme that this workshop fall under Enhancing Digital Trust |
Description Fostering trust: How can developing countries achieve international cooperation against cybercrime through legal frameworks |
Name(s) and stakeholder and organizational affiliation(s) of institutional co-organizer(s) Alexander Seger |
Has the proposer, or any of the co-organizers, organized an IGF workshop before? yes The link to the workshop report http://c-s-p-a.org/DC4/igf2013.html |
Type of session Capacity-building session |
Duration of proposed session 90 minutes |
Subject matter #tags that describe the workshop #CapacityBuilding #SharingOfBestPractice #CivilLibertiesSafeguards #Security #Trust |
Names and affiliations (stakeholder group, organization) of speakers the proposer is planning to invite
Name: Zahid Jamil (Pakistan) |
Name of Moderator(s) Zahid Jamil |
Name of Remote Moderator(s) Zahra Rose Dean |
Description of how the proposer plan to facilitate discussion amongst speakers, audience members and remote participants The capacity building workshop will be almost entirely interactive. A brief 10-15 minute presentation will set the scene however the remaining 110 minutes will enable Developing Country participants to interact directly with the speakers. Participants will direct specific questions to the speakers who will provide practical and legal solutions. The interactive format would facilitate transfer of knowledge and best practices rather than lectures, presentations or generic panel discussions. |
Description of the proposer's plans for remote participation There will be a remote moderator to facilitate remote participants. |
Background paper No background paper provided |
Brief substantive summary of the workshop and presentation of the main issues that were raised during the discussions
The workshop was aimed at building capacity for developing country participants in terms of developing countries receiving cooperation in connection with cybercrime investigation and prosecution from developed/infrastructure countries where the data resides. The workshop commenced with a presentation of a fictional scenario to set the scene and in order to assist with the discussion of practical issues as opposed to an academic or theoretical debate with a particular focus on methods and frameworks available and useable by developing countries. In this respect the workshop aimed to be practical rather than aspirational in order to actually give developing countries valuable and useable assistance with regards to obtaining cross border cooperation in combatting cybercrime. The scenario described neighbouring States and victims involved in cyber crime incidents which could have an impact on not only economic and criminal justice matters but potentially impact international relations and strategic resources such as access to undersea cables. Panellists explored the possibilities for cooperation for the investigation and prosecution of cyber crime in the absence of cyber crime legislation and refusal to extend cooperation. The panellists explored avenues of informal cooperation and formal cooperation and considered not only examples but also weighed the advantages and disadvantages of the aforesaid avenues, concluding that although informal cooperation is helpful it is inadequate since informal cooperation in unenforceable. This led to a discussion of the elements required in order to ensure international cooperation namely a formal international obligation, quick, ensures the protection of human rights, engenders confidence, is limited to criminal justice, harmonizes laws, is not technology specific, provides a baseline, is inclusive, harmonizes procedures, harmonizes cross border procedures and cooperation and its members include infrastructure countries where data is held and from whom information is sought. Available frameworks and in particular frameworks which would be effective for developing countries were discussed. Participants and panellists especially those from developing countries unanimously approved of the appropriateness, adequacy and effectiveness of the Budapest Convention as the only adequate instrument available to developing countries to further what was described as their sovereign national interests by protecting their citizens and national interest by combatting cybercrime. The Convention was identified as the only model law and only international instrument with global and cross regional reach which includes these elements and gave examples of their respective experiences in Developing Countries including the incorporation of baseline standards and how the mutual legal assistance provisions facilitate the receipt of data from infrastructure countries. The advantages of acceding to the Budapest Convention for Developing Countries namely enabling Developing Countries' Law Enforcement Agencies to obtain data from Infrastructure Countries, ensure sovereignty and target practical and achievable benefits were also discussed. It was underscored that a delay in any developing country failing to acceding to or use the Convention would be a serious loss to the interest of developing countries and be advantageous to cyber criminals and transnational organized crime including money laundering and terrorism. Panellists and participants also highlighted the enormous benefit of assistance provided in terms of capacity building, training and legislative drafting and access to legislative networks provided by the frameworks of the Budapest Convention. |
Conclusions drawn from the workshop and possible follow up actions From a Developing Country standpoint, the Budapest Convention is an ideal international best practice model which covers all the necessary elements including international cooperation and most importantly the only available international instrument with global reach. Panellists emphasized the importance of Mutual Legal Assistance Treaties (MLATS) for international cooperation and highlighted the positive impact of having effective cyber crime legislation on business and investment. The panellists also commented on the feeling of community engendered by acceding to the Budapest Convention and emphasized the importance of supporting other Developing Countries in this process. A participants highlighted that this was the only panel where the participant witnessed the discussion of a positive role of the government and it was essential that more governments become aware of, support and take measures consistent with the Convention. Developing countries particularly stressed the importance of being provided capacity building and assistance from the Convention when discussing harmonizing cyber crime legislation since it is vital to ensure that any model legislation aims to be consistent with the Convention. This is particularly relevant given the unhelpful and technically and legally incorrect language sometimes used in certain recent model laws promoted by certain organizations which have suffered serious criticism by civil society, the technical community and the private sector. Avoiding such unhelpful outcomes and wastage of resource and instead utilizing the same resources to further the positive agenda of consistent, compatible and convergent legislation such as undertaken in the form of the commonwealth model law was a more useful resource. Developing countries also require international funding and development assistance. |
Estimation of the overall number of participants present at the workshop 80 |
Estimation of the overall number of women present at the workshop about half of the participants were women |
Extent to that the workshop discuss gender equality and/or women’s empowerment it was not seen as related to the workshop’s theme and was not raised |
A brief summary of the discussions in case that the workshop addressed issues related to gender equality and/or women’s empowerment No information provided |
Reported by Zahid Jamil and Zahra Rose Dean |
Workshop transcript |
Youtube video |
Attachments No attachments provided |