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Role of International Organisations in Prevention of Cyber-Crimes: An

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 M. A. (Space and Telecommunications Law)

ROLE OF INTERNATIONAL
ORGANIZATIONS IN PREVENTION OF
CYBER-CRIMES: AN ANALYSIS

By
Neethu N.
MSTL33_20
Year: 1 Semester: 1

1.1.4 INFORMATION TECHNOLOGY

AND CYBER LAWS

30-12-2020

NALSAR UNIVERSITY OF LAW

HYDERABAD
 TABLE OF CONTENTS

CHAPTER-I: INTRODUCTION
1.1. Statement of Problem
1.2. Research Questions
1.3. Hypothesis
1.4. Research Methodology
1.5. Tentative Chapterization
CHAPTER-II: CYBERCRIMES: AN OVERVIEW
2.1. Characteristics of Cybercrimes
2.2. Classification of Cybercrime
2.3. Cybercriminals and their Motives
2.4. Cybercrime Trends
CHAPTER-III: INTERNATIONAL ORGANIZATIONS AND PREVENTION OF
CYBERCRIME
3.1. Classification of International Organizations
3.2. Prevention of Cybercrime by International Organizations
3.2.1. Regional Organizations
3.2.2. Multi-national Organizations
3.2.3. Global Organizations
CHAPTER-IV: INTERNATIONAL CYBERCRIME PREVENTION: CHALLENGES AND
SOLUTIONS
4.1. Technical Challenges
4.2. Legal Challenges
4.3. Ethical Challenges
4.4. Operational Challenges
4.5. Possible Solutions
CHAPTER-V: CONCLUSION
BIBLIOGRAPHY
 LIST OF ABBREVIATIONS

AU – African Union
APEC – Asia-Pacific Economic Cooperation
ASEAN – Association of Southeast Asian Nations
CERT – Computer Emergency Response Team
C-PROC – Cybercrime Programme Office of the Council of Europe
COU – Council of Europe
DDoS – Distributed Denial of Service
DoS – Denial of Service
ENISA – European Union Agency for Cybersecurity
EU – European Union
G7 – Group of Seven
HLEG – High-Level Expert Group
ICT – Information and Communication Technology
IO – International Organization
ISOC – Internet Society
ITU – International Telecommunication Union
NATO – North Atlantic Treaty Organization
OAS – Organization of American States
OECD – Organization for Economic Cooperation and Development
RO – Regional Organization
TEL – Telecommunications and Information Working Group
UN – United Nations
UNODC – United Nations Office on Drugs and Crime
WHO – World Health Organization
 CHAPTER-I
INTRODUCTION

The advent of computers and the internet revolutionized human civilization in unprecedented ways.
With information available at ones’ fingertips, the cyberspace indeed reduced the world into a
global village. While this has made our lives easier on many counts, the era of information
technology, unfortunately, made crime-fighting a herculean task, for, along with it appeared
worldwide, cybercrimes. Today, almost all government and private institutions, as well as, the
general public, depend on computer systems and networks to store sensitive information, the loss of
which can result in irreversible damage. This calls for urgent global action against cybercrime.
Cybercrime is defined as any “act that violates the law, which is perpetrated using information and
communication technology (ICT) to either target networks, systems, data, websites and/or
technology or facilitate a crime.”1 Examples of cybercrime include hacking, illegal interception of
telecommunications, cyberstalking, identity theft and misrepresentation, etc.2 These crimes can be
committed by anyone from individuals to nation-states. They pose severe threats to the
confidentiality, integrity, security, and availability of critical computer infrastructure which can lead
to business disruption, financial loss, reputational damage, loss of intellectual property, and undue
expenses.3 Cybercrimes are growing at an alarming pace globally, due to which the worldwide
information security market/industry is forecast to reach $170.4 billion by 2022.4
The biggest stumbling block in fighting cybercrime is its borderless nature. It crosses geopolitical
boundaries with great ease and speed, resulting in enormous impact and cost, as well as diplomatic
difficulties.5 However, today, various international organizations (IOs) are involved in preventing
the menace of cybercrime. These include professional organizations such as the Interpol, regional
organizations (ROs) such as the Asia-Pacific Economic Cooperation (APEC), multi-national
organizations such as the Organization for Economic Cooperation and Development (OECD), and
global organizations such as the United Nations (UN). These organizations work to promote
security awareness, international cooperation in law enforcement, harmonization of legislation, etc.
and play a significant role in controlling the spread of cybercrime globally.

Statement of Problem:
Even though a large number of international governmental and non-governmental organizations
work actively to promote a safe cyberspace, there is no respite to threats lurking online. Being a
need of the hour, it is of interest and necessity to research on the various challenges, if any, that

1
United Nations Office on Drugs and Crime, Cybercrime in brief (Nov. 13, 2020, 03:15 PM),
https://www.unodc.org/e4j/en/cybercrime/module-1/key-issues/cybercrime-in-brief.html.
2
Rod Broadhurst and Nic Chantler, Cybercrime Update: Trends and Developments, in Cybercrime Update: Trends and
Developments 21-56 (KICJP & UNODC 2006).
3
United Nations Office on Drugs and Crime, supra note 1.
4
Elizabeth Kim et al., Forecast Analysis: Information Security, Worldwide, 2Q18 Update, Gartner Research (Nov. 13,
2020, 03:30 PM), https://www.gartner.com/en/documents/3889055.
5
United Nations Office on Drugs and Crime, supra note 1.
international organizations face in their fight for the prevention of cybercrime and how they can be
addressed.

Research Questions:
1. What are the various types of cybercrime, and how are they perpetrated?
2. Which prominent international organizations are involved in fighting cybercrimes, and what
are their major activities?
3. What are the challenges faced by international organizations while preventing cybercrimes,
and how can they be tackled?

Hypothesis:
It is hypothesized that international organizations face various technical, legal, ethical, and
operational challenges while addressing cybercrimes.

Research Methodology:
This research will employ a combination of doctrinal and non-doctrinal methods. Primary and
secondary sources shall be used to collect the necessary literature required for the critical analysis.

Tentative Chapterization:
The following is the chapterization of the paper:
I. Introduction
This chapter provides an introduction to the research problem and an overview of the report.
II. Cybercrimes: An Overview
This chapter provides an overview of the definition, classification, reasons, and trends of
cybercrime.
III. International Organizations and Prevention of Cybercrime
This chapter elaborates on some of the major international organizations and the steps taken
by them to prevent cybercrimes.
IV. International Cybercrime Prevention: Challenges and Solutions
This chapter studies the various challenges faced by international organizations in their
pursuit of preventing cybercrimes and how they may be solved.
V. Conclusion
 CHAPTER-II
CYBERCRIMES: AN OVERVIEW

In simple terms, a cybercrime may be stated as a criminal activity involving a computer and a
network, with these tools being a means or a target. There is no universally-accepted definition for
cybercrimes; justifiably so, considering the vastness of the crimes that can be perpetrated by a
cybercriminal lurking behind a screen. However, the previously-mentioned definition of cybercrime as
an “act that violates the law, which is perpetrated using information and communication technology
(ICT) to either target networks, systems, data, websites and/or technology or facilitate a crime”6
includes almost all features covered in most definitions.

Characteristics of Cybercrimes:
The following are some of the major distinguishing features of cybercrimes7:

1. Involves digital technology: Cybercrimes inevitably involve some form of digital technology,
ranging from a smartphone or a desktop computer to encrypted data or secure networks.

2. Borderless and global: Cybercrimes are not limited by any borders; they are transnational. An
attacker may target an unknowing victim next-door, or in another continent.

3. Lack of physical evidence: Unlike traditional crimes, cybercrimes do not involve the usual
crime scene. The crime may even go undetected for a significant period.

4. Lesser effort and time: In general, cybercrimes can be committed at greater ease and at a faster
pace than traditional crime, making it further challenging to curb its rise.

5. Vast negative impact: A one-time cybercrime can result in severe long-term damage to an
extension section of the society, or even entire countries.

Classification of Cybercrime:
In general, cybercrimes can be classified as cyber-dependent crimes and cyber-enabled crimes:

1. Cyber-dependent crimes: A cybercrime that necessarily requires the use of computers,

networks, or other types of ICT. These crimes damage the confidentiality, integrity, and
availability of the target systems and data. Common cyber-dependent crimes are8:

a. Hacking: Unauthorized access to data, network, or systems.

b. Malware creation, possession, and distribution: A malware, short for malicious

software, infects targets to control, monitor, modify, or damage them. Common
6
United Nations Office on Drugs and Crime, supra note 1.
7
ABHISHEK KUMAR SINGH, JURISDICTIONAL ISSUES IN CYBERCRIME: AN ANALYTICAL STUDY 57-59 (University of
Lucknow 2016).
8
United Nations Office on Drugs and Crime, Offences against the confidentiality, integrity and availability of computer
data and systems (Nov. 19, 2020, 08:15 PM), https://www.unodc.org/e4j/en/cybercrime/module-2/key-issues/offences-
against-the-confidentiality--integrity-and-availability-of-computer-data-and-systems.html.
 malware include worms, virus, trojan horse, spyware, ransomware, etc.

c. Denial of service (DoS) attack: Intentional overwhelming of servers and other

intermediaries to prevent legitimate traffic to the target.

d. Distributed Denial of Service (DDoS) attack: Large-scale coordinated DoS attack using
multiple computers or similar technology.

e. Website defacement: Online vandalism that targets the contents of a website.

2. Cyber-enabled crimes: A traditional crime that was committed using the help of a computer
or a network. Here, ICT is part of the modus operandi and is not the ultimate target. These
crimes can be further classified as9:

a. Computer-related offences: Cyber-enabled crimes committed with the intention of

personal gain, financial gain, or harm. Typical examples include fraud, forgery, spam
messaging, identity offences, copyright offences, etc.

b. Content-related offences: Cyber-enabled crimes that involve illegal content. Common

examples are online child sexual abuse, the publication of false information, online
terrorist activities, etc.

Cybercriminals and their Motives:

Any individual committing a cybercrime is known as a cybercriminal. They may be children and
adolescents, organized hackers, professional hackers, or discontented employees and colleagues. Their
motives can be large and varied including10:

1. Curiosity or entertainment

2. Professional/personal rivalry

3. Psychological illnesses

4. Monetary gain, etc.

Cybercrime Trends:
The occurrences of cybercrime are increasing massively worldwide. In the year 2019, 15 billion
records were exposed via cybercrime, as opposed to 103 million a decade prior. The COVID-19
pandemic has become another cause for further increase, with a 400% increase in online scams in
March 2020 alone.11 This calls for urgent united action to improve cybersecurity internationally.

9
United Nations Office on Drugs and Crime, General Types of Cybercrime (Nov. 19, 2020, 08:45 PM),
https://www.unodc.org/e4j/en/cybercrime/module-2/index.html.
10
ABHISHEK KUMAR SINGH, supra note 7, at 61-62.
11
Fortinet, Cybersecurity Statistics (Nov. 20, 2020, 08:10 AM),
https://www.fortinet.com/resources/cyberglossary/cybersecurity-statistics.
 CHAPTER-III
INTERNATIONAL ORGANIZATIONS AND PREVENTION OF CYBERCRIME

According to the International Law Commission, an international organization is defined as an

“organization established by a treaty or other instrument governed by international law and possessing
its own international legal personality”.12 Generally, their members comprise of various states, but
other entities may also be a part. Major international organizations that play significant roles in global
functioning include the United Nations (UN), the World Health Organization (WHO), the North
Atlantic Treaty Organization (NATO), etc. Although the term international organization is usually
synonymously used with international governmental organizations, they can also refer to international
non-governmental organizations such as the International Committee of the Red Cross.

Classification of International Organizations:

In general, international organizations can be classified as the following:

1. Regional Organizations (RO): IOs that have membership based on boundaries defined by
geography, or geopolitics. They help in fostering politic and economic partnership between the
member states. Notable examples are the European Union (EU) and the African Union (AU).

2. Multi-national Organizations: Unlike ROs, multi-national organizations have a broader

range of membership beyond geographic or economic boundaries and more comprehensive
interest affairs. The Commonwealth of Nations and the Group of Seven (G7) are significant
examples.

3. Global Organizations: These organizations are truly international and are not limited by any
social or geopolitical restrictions. The UN, WHO, and Interpol are major global organizations.

Prevention of Cybercrime by International Organizations:

The activities of some of the prominent international organizations in combating cybercrime are
described below.
Regional Organizations:

1. Asia-Pacific Economic Cooperation (APEC): APEC was established in 1989 and comprises of
21 member economies that form the Pacific Rim. Headquartered in Singapore, it promotes free
trade in the Asia-Pacific region.13

APEC carries out many activities to prevent cybercrime in order to promote economic growth
and fight terrorism. Its Telecommunications and Information Working Group (TEL) carried
out a cybersecurity legislation and enforcement capacity-building project for its member

12
Stephen Bouwhuis, The International Law Commission’s Definition of International Organization, 9 INT. ORGAN. LAW
Rev. 451, 453 (2012).
13
Asia-Pacific Economic Cooperation, About APEC (Nov. 20, 2020, 10:00 AM), https://www.apec.org/About-Us/About
 economies.14 It has also increased cooperation among the Computer Emergency Response
Teams (CERTs) of economies, and the private and public sector, and regularly conducts
training workshops for enterprises to enhance network security.15 APEC also promotes cross-
border exchange of information on possible threats and security challenges.16

2. Council of Europe (COE): COE is a European human rights organization founded in 1949. It
has 47 member states and works actively to promote democracy, equality, freedom of
expression, and the protection of minorities, among other human rights.17

The Cybercrime Programme Office of the Council of Europe (C-PROC) is a subsidiary of

COE which supports countries globally in fighting cybercrime. Its functioning is based on the
Budapest Convention, which is the first international treaty that addresses cybercrime. It
carries out various capacity-building projects such as CyberEast, GLACY+,
Cybercrime@Octopus, etc. and other follow-up assessments. It supports countries in
legislation and policies, setting up specialized units, training personnel, and promoting
international cooperation to provide a safe cyberspace.18

3. European Union (EU): The EU, often described as a sui generis political entity is a political
and economic union of countries primarily in Europe. With 27 members, its goals include
sustainable development based on economic, social, and territorial unity among its members.19

The European Union Agency for Cybersecurity (ENISA) is an EU body that acts as an expert
agent against cybercrime for EU countries. It enables its members to be more equipped to
prevent, detect, and respond to lurking threats. Its activities include organizing cross-Europe
cyber crises exercises, assisting countries in developing cybersecurity strategies, promoting
cooperation between various cybersecurity agencies, etc. It also undertakes studies on data
protection, personal security, cloud security, and so forth.20

4. Organization of American States (OAS): The OAS is a regional organization founded in 1948
comprising of 35 member states in the North and South American Continents. It was
established to promote solidarity and collaboration in the American continents.21

14
Asia-Pacific Economic Cooperation, 2003 APEC Ministerial Meeting (Nov. 20, 2020, 10:04 AM),
https://www.apec.org/Meeting-Papers/Annual-Ministerial-Meetings/2003/2003_amm.
15
Asia-Pacific Economic Cooperation, 2004 APEC Ministerial Meeting (Nov. 20, 2020, 10:10 AM),
https://www.apec.org/Meeting-Papers/Annual-Ministerial-Meetings/2004/2004_amm.
16
Asia-Pacific Economic Cooperation, 2005 APEC Telecommunications and Information Ministerial Meeting (Nov. 20,
2020, 10:27 AM), https://www.apec.org/Meeting-Papers/Sectoral-Ministerial-Meetings/Telecommunications-and-
Information/2005_tel.
17
Council of Europe, The Council of Europe in Brief (Nov. 21, 2020, 08:19 AM), https://www.coe.int/en/web/about-
us/who-we-are.
18
Virgil Spiridon, Round Table – Cybercrime Threats (Nov. 21, 2020, 10:13 AM), https://rm.coe.int/090000168098066a.
19
European Union, The EU in Brief (Nov. 21 08:47 PM), https://europa.eu/european-union/about-eu/eu-in-brief_en.
20
Europen Union, European Union Agency for Cybersecurity (ENISA) (Nov.22, 2020, 04:15 PM),
https://europa.eu/european-union/about-eu/agencies/enisa_en.
21
Organization of American States, About the OAS (Nov. 23, 2020, 09:17 AM),
http://www.oas.org/en/about/who_we_are.asp.
 The OAS cybersecurity program has been very effective in taking actions to prevent
cybercrime from the early 2000s. Through its intervention, computer security incident
response teams (CSIRTs) have been established in most of its member states, including Chile,
Costa Rica, etc. It has also helped countries such as Jamaica, Trinidad & Tobago, and Panama
establish national cybersecurity strategies. It is also very active in conducting crisis
management exercises, awareness programs, technical assistance missions, training sessions,
and enhancing engagement between the civil society and the private sector.22
Multi-National Organizations:

1. Commonwealth of Nations: The Commonwealth of Nations, more generally known as the

Commonwealth, is an association of 54 member states spread across the world. It is a
voluntary political organization whose most members are former territories of the British
empire and share common goals for development, democracy, and peace.23

The Commonwealth has taken a firm stance against cybercrime through various actions. In
2018, the Commonwealth Cyber Declaration was passed in which the states committed to
create a cyberspace that supports economic and social development rights online, to build
effective national cybersecurity strategies and to promote stability in the cyberspace through
international cooperation.24 The anti-cybercrime activities of the Commonwealth are majorly
undertaken by Commonwealth Telecommunication Organization (CTO). The CTO, through its
Cyber Security Forum and the Cyber Security Initiative, focuses on capacity-building of its
member states, information-sharing, and also provides legal assistance to set up the framework
required in individual jurisdictions.25

2. Group of Seven (G7): The G7 is an intergovernmental organization of the largest economically

developed countries of the world, namely, Canada, France, Germany, Italy, Japan, the United
Kingdom, and the United States. It was previously known as the Group of Eight (G8) until
Russia’s exit in 2014.26

Being an association of leading countries, the G7 has taken significant steps towards curbing
cybercrime. Its high-Tech Crime Subgroup operates the G7 24/7 Cybercrime network which
acts as a point of contact for countries requiring urgent assistance with crime investigations
involving electronic evidence.27 The 2017 Ise-Shima G7 summit gave prominent focus to

22
Belisario Contreras, OAS Cyber Security Program (Nov. 23, 2020, 10:30 AM),
https://www.sites.oas.org/cyber/Documents/OAS%20Cyber%20Security%20PPT%20February.pdf.
23
The Commonwealth, About Us (Nov. 24, 2020, 10:14 AM), https://thecommonwealth.org/about-us.
24
The Commonwealth, Commonwealth Cyber Declaration (Nov. 24, 2020, 10:23 AM),
https://thecommonwealth.org/commonwealth-cyber-declaration.
25
NATO Cooperative Cyber Defence Centre of Excellence, Commonwealth of Nations (Nov. 24, 2020, 11:02 AM),
https://ccdcoe.org/organisations/commw/.
26
University of Toronto, What are the G7 and G8? (Nov. 24, 2020, 08:47 PM),
http://www.g7.utoronto.ca/what_is_g8.html.
27
Albert Rees, 24/7 High Tech Crime Network (Nov. 24, 2020, 10:05 PM),
http://www.oas.org/juridico/english/cyb20_network_en.pdf.
 cybersecurity during which the group pledged to take robust measures to provide a reliable and
secure cyberspace.28

3. Organization for Economic Cooperation and Development (OECD): OECD is an

intergovernmental economic organization established in 1961 to improve policies worldwide
aiming to improve the quality of life of its citizens. It has 37 member countries and is
headquartered in France.29

OECD plays a vital role in fostering anti-cybercrime policies. It works with its member nations
to develop an internationally coordinated approach to ensure secure communication methods
and ICT infrastructure. It generates consensus between countries in issues such as privacy,
data protection, cryptography, etc.30 Its policies based on awareness, responsibility, response,
ethics, democracy, risk assessment, etc., act as guidelines for its member nations to set up their
legal frameworks.31
Global Organizations:

1. International Telecommunication Union (ITU): Formed in 1865, ITU is one of the oldest
international organizations in the world. With 193 member states, its primary goal is to
facilitate international connectivity through communication networks.32

ITU plays a leading role in issues related to cybersecurity and cybercrime. In 2007, it launched
the ITU Global Cybersecurity Agenda with seven major goals, including the development of
strategies for proper cybercrime legislation, and to facilitate human and institutional capacity-
building to prevent cybercrimes. The ITU high-level expert group (HLEG) comprises of
experts from its member states, industry, and academia and regularly carries out studies to
improve global cybersecurity.33

2. Interpol: The International Criminal Police Organization, commonly known as the Interpol, is
a professional organization for global police cooperation and crime control. It was founded in
1923 and has 194 member countries all over the world.34

Cybercrime is one of the three major transnational crimes that the Interpol focuses on. It
collaborates with private partners to share data on threats and trends to facilitate police actions.
The data generated is used to assist countries to develop prevention and disruption strategies

28
Group of 7, G7 Principles and Action on Cyber (Nov. 24, 2020, 10:10 PM),
https://www.mofa.go.jp/files/000160279.pdf.
29
OECD, About (Nov. 25, 2020, 09:10 AM), https://www.oecd.org/about/.
30
JODY R. WESTBY, INTERNATIONAL GUIDE TO COMBATING CYBERCRIME 109 (American Bar Association 2003).
31
ABHISHEK KUMAR SINGH, supra note 7, at 158-160.
32
International Telecommunication Union, About International Telecommunication Union (ITU) (Nov. 25, 2020, 08:47
PM), https://www.itu.int/en/about/Pages/default.aspx.
33
Marco Gercke, Understanding Cybercrime: Phenomena, Challenges and Legal Response (Nov.26, 2020, 10:20 AM),
https://www.itu.int/ITU-D/cyb/cybersecurity/docs/Cybercrime%20legislation%20EV6.pdf.
34
Interpol, What is INTERPOL? (Nov. 26, 2020, 10:26 AM), https://www.interpol.int/Who-we-are/What-is-INTERPOL.
 against cybercrime.35 It also provides hands-on training for police internationally for skill
development and undertakes capacity building projects in various countries.36 It has also
developed two secure platforms to facilitate cybercrime-related communication among police,
namely the Cybercrime Knowledge Exchange Workspace and the Cybercrime Collaborative
Platform – Operation.37

3. United Nations (UN): The United Nations was established in 1945 and is one of the most
powerful and recognized international organizations in the world. It aims to maintain peace,
security and cooperation among its 193 member states.38

The UN is actively involved in preventing cybercrime, mainly through the United Nations
Office on Drugs and Crime (UNODC). The UNODC Global Programme on Cybercrime
provides technical assistance for prevention and awareness-raising, capacity building, and
international cooperation, especially in developing countries. The UNODC cybercrime
repository acts as a central data tool for cybercrime control worldwide. The UN has also
established an open-ended ad hoc committee of experts to elaborate on a comprehensive
international convention to prevent cybercrime.39
Other than those elaborated, various other organizations are involved in fighting cybercrime as well,
such as the Association of Southeast Asian Nations (ASEAN), North Atlantic Treaty Organization
(NATO), and the Internet Society (ISOC).

35
Interpol, Cybercrime Threat Response (Nov. 26, 2020, 10:36 AM),
https://www.interpol.int/Crimes/Cybercrime/Cybercrime-threat-response.
36
Interpol, Cyber Capabilities Development (Nov. 26, 2020, 10: 37 AM),
https://www.interpol.int/Crimes/Cybercrime/Cyber-capabilities-development.
37
Interpol, Cybercrime Collaboration Services (Nov. 26, 2020, 10:38 AM),
https://www.interpol.int/Crimes/Cybercrime/Cybercrime-Collaboration-Services.
38
United Nations, Overview (Nov. 26, 2020, 03:38 PM), https://www.un.org/en/sections/about-un/overview/index.html.
39
United Nations, Cybercrime (Nov. 26, 2020, 03:56 PM), https://www.unodc.org/unodc/en/cybercrime/index.html.
 CHAPTER-IV
INTERNATIONAL CYBERCRIME PREVENTION: CHALLENGES AND SOLUTIONS

Although numerous institutions worldwide are dedicatedly working to curb the menace of cybercrime,
it is still growing uncontrollably everywhere. It is hence necessary to analyze the various challenges
that international organizations may face while attempting to prevent cybercrime.

Technical Challenges:

1. It is estimated that as of October 2020, 4.66 billion people are active internet users globally.
The sheer magnitude of the users and offenders amongst them makes it very difficult for law
enforcement to monitor carefully.

2. The information and digital tools required for committing cybercrimes are readily available
and do not require sophisticated knowledge. Limiting the usage of these tools is a difficult
hurdle.

3. It is also becoming increasingly difficult to trace internet offenders due to the availability of a
large number of public wireless networks, as well as other means to attain anonymity.

4. A huge number of websites, applications, and software are vulnerable to threats and are not
sufficiently secure, making it easier for cybercriminals to commit offences. Today, cloud
computing is vastly used, and this involves third-party access that causes a higher chance for
breaches.

5. Today, online activity is largely automated. Spam messaging and hacking attacks are carried
out through bots such that the action of one cybercriminal may damage the data of millions of
users. Preventing such far-reaching activities is a grueling task for all organizations.

6. Apart from anonymity, encryption is another technology that acts as a double-edged knife.
Offenders defend their computers and systems with multi-layer encryption. Due to this,
organizations may, at times, find it impossible to detect threats. Further, necessary evidence
may be permanently lost in the time lost in the time it takes to break through the encryptions.

7. Although many organizations are carrying out commendable work, there is a critical lack of
infrastructure and resources widely, particularly in developing countries. 40

Legal challenges:
The biggest challenge that organizations face arises from the transnational nature of cybercrime.
Often, the cybercriminals involved in the crime would be living in another country or continent.
Hence, the difference in legal systems, cybercrime policies, criminal procedure, bilateral or

40
HIPCAR, Cybercrimes/e-Crimes Assessment Report (Nov. 27, 2020, 06:13 PM), https://www.itu.int/en/ITU-
D/Cybersecurity/Documents/HIPCAR%20Assessment%20Cybercrimes.pdf.
multilateral treaties make it difficult for the activities of organizations to be coordinated across
boundaries.41
Traditional crimes are today mostly committed using computer systems. While one jurisdiction may
consider it a cybercrime, another may not. This also poses a challenge to the international
organizations mediating between countries.42

Ethical challenges:
Since activities to prevent cybercrime inevitably involve the use of ICT, it is required by ethical
conduct to avoid harming other citizens, their data, and systems. It is also necessary to respect the rule
of law and human rights in the respective jurisdiction. Privacy of individuals online is a rising
concern. Given this scenario, it is challenging for organizations to take steps ahead without violating
any ethics.43

Operational challenges:
Cybercrime fighting always involves international cooperation. Although mutual legal assistance
treaties may be used, this process is often time-consuming and may not produce results that may be
usable enough for organizations.44 Often, offenders may deliberately involve third countries to make
their attacks and any investigation difficult.45

Possible solutions:

1. It is not practical to limit ICT usage of people. However, it is essential that users remain alert
for possible threats. For these, organizations can join hands with member states to spread
awareness at grass-root levels. Workshops and seminars can be conducted at schools and
offices. Users should also be recommended to install necessary firewalls and protect their data
securely.

2. International organizations can closely monitor various software and mobile applications that
are vulnerable to cyberattacks. Such programs should then be immediately corrected.
Applications that severely violate personal data privacy may be banned with support from
local jurisdictions.

3. There is a strong requirement of personnel and resources to combat cybercrime, especially in

developing countries. Various organizations may collaborate with local crime investigators to
set up and provide skill development.

41
United Nations Office on Drugs and Crime, Cybercrime Trends (Nov. 27, 2020, 06:15 PM),
https://www.unodc.org/e4j/en/cybercrime/module-1/key-issues/cybercrime-trends.html.
42
HIPCAR, supra note 40.
43
United Nations Office on Drugs and Crime, supra note 41.
44
United Nations Office on Drugs and Crime, supra note 41.
45
HIPCAR, supra note 40.
 4. Undoubtedly, the borderless nature of cybercrime coupled with territorial jurisdictions is the
biggest hurdle in curbing cybercrime. Considering the nature of this offence, differing national
policies are inadequate. Prominent organizations such as the UN can work actively towards
harmonization of cybercrime policies and enforcement. An international criminal tribunal and
prosecutor for trans-national cyberspace may also be established.

5. The UN can also establish a global ethical code of conduct for law enforcement agencies to
effectively act against cybercrime.

6. It is also very important to improve the process of mutual legal assistance treaties to ensure
quick actions in the face of threats. Further, extraditions laws and ne bis in idem laws may be
relaxed in the case of severe cybercrimes.46

46
ABHISHEK KUMAR SINGH, supra note 7, at 241-254.
 CHAPTER-V
CONCLUSION

Today, cyberspace is considered as the fifth common space of humankind, after land, sea, air, and
outer space. Sans any socio-economic borders, we interact with our fellow beings, most of the times,
unaware about the danger we may unwittingly fall into. Cybercrime is a growing menace that
threatens global peace.
This study focused on the role of various international organizations in preventing cybercrime. As an
introduction to this, a brief overview was provided about cybercrime, characteristics, and its
classification into cyber-dependent and cyber-enabled crimes. Further, motives of cybercriminals and
an overview of global cybercrime trends were also provided.
Following this, a brief description and classification of international organizations were provided. The
actions undertaken by the following international organizations were described in detail:

1. Asia-Pacific Economic Cooperation (APEC)

2. Council of Europe (COE)

3. European Union (EU)

4. Organization of American States (OAS)

5. Commonwealth of Nations

6. Group of Seven (G7)

7. Organization for Economic Cooperation and Development (OECD)

8. International Telecommunication Union (ITU)

9. Interpol

10. United Nations (UN)

It was hypothesized that international organizations face various technical, legal, ethical, and
operational challenges while addressing cybercrimes. This hypothesis was proved correct, and the
various challenges faced by organizations while fighting cybercrime, such as contrasting national
policies and lack of infrastructure were described in detail. Furthermore, possible solutions that can
improve their activities have also been suggested. This includes establishing an international tribunal
for cybercrime, awareness programs at grass-root levels, and modifications in present international
laws. With the implementation of appropriate measures and international cooperation, the cyberspace
can indeed be made a safe space for its billions of users.
 BIBLIOGRAPHY

1. Abhishek Kumar Singh, Jurisdictional Issues in Cybercrime: An Analytical Study (University

of Lucknow 2016).
2. Asia-Pacific Economic Cooperation, APEC (Nov. 20, 2020, 10:27 AM), https://www.apec.org.
3. Bouwhuis, Stephen, The International Law Commission’s Definition of International
Organization, 9 INT. ORGAN. LAW Rev. 451, 453 (2012).
4. Broadhurst, Rod and Chantler, Nic, Cybercrime Update: Trends and Developments, in
Cybercrime Update: Trends and Developments 21-56 (KICJP & UNODC 2006).
5. Contreras, Belisario, OAS Cyber Security Program (Nov. 23, 2020, 10:30 AM),
https://www.sites.oas.org/cyber/Documents/OAS%20Cyber%20Security%20PPT%20Februar
y.pdf.
6. Council of Europe, The Council of Europe in Brief (Nov. 21, 2020, 08:19 AM),
https://www.coe.int/.
7. European Union, The EU (Nov. 21 08:47 PM), https://europa.eu/.
8. Fortinet, Cybersecurity Statistics (Nov. 20, 2020, 08:10 AM),
https://www.fortinet.com/resources/cyberglossary/cybersecurity-statistics.
9. Gercke, Marco, Understanding Cybercrime: Phenomena, Challenges and Legal Response
(Nov.26, 2020, 10:20 AM), https://www.itu.int/ITU-
D/cyb/cybersecurity/docs/Cybercrime%20legislation%20EV6.pdf.
10. Group of 7, G7 Principles and Action on Cyber (Nov. 24, 2020, 10:10 PM),
https://www.mofa.go.jp/files/000160279.pdf.
11. HIPCAR, Cybercrimes/e-Crimes Assessment Report (Nov. 27, 2020, 06:13 PM),
https://www.itu.int/en/ITU-
D/Cybersecurity/Documents/HIPCAR%20Assessment%20Cybercrimes.pdf.
12. International Telecommunication Union, About International Telecommunication Union (ITU)
(Nov. 25, 2020, 08:47 PM), https://www.itu.int/en/about/Pages/default.aspx.
13. Interpol, INTERPOL (Nov. 26, 2020, 10:26 AM), https://www.interpol.int/.
14. Kim, Elizabeth et al., Forecast Analysis: Information Security, Worldwide, 2Q18 Update,
Gartner Research (Nov. 13, 2020, 03:30 PM),
https://www.gartner.com/en/documents/3889055.
15. NATO Cooperative Cyber Defence Centre of Excellence, Commonwealth of Nations (Nov. 24,
2020, 11:02 AM), https://ccdcoe.org/organisations/commw/.
16. OECD, About (Nov. 25, 2020, 09:10 AM), https://www.oecd.org/about/.
17. Organization of American States, About the OAS (Nov. 23, 2020, 09:17 AM),
http://www.oas.org/en/about/who_we_are.asp.
18. Rees, Albert, 24/7 High Tech Crime Network (Nov. 24, 2020, 10:05 PM),
http://www.oas.org/juridico/english/cyb20_network_en.pdf.
 19. Spiridon, Virgil, Round Table – Cybercrime Threats (Nov. 21, 2020, 10:13 AM),
https://rm.coe.int/090000168098066a.
20. The Commonwealth, Commonwealth (Nov. 24, 2020, 10:14 AM),
https://thecommonwealth.org/.
21. United Nations, Cybercrime (Nov. 26, 2020, 03:56 PM),
https://www.unodc.org/unodc/en/cybercrime/index.html.
22. United Nations Office on Drugs and Crime, Cybercrime (Nov. 27, 2020, 06:15 PM),
https://www.unodc.org/e4j/en/tertiary/cybercrime.html.
23. University of Toronto, What are the G7 and G8? (Nov. 24, 2020, 08:47 PM),
http://www.g7.utoronto.ca/what_is_g8.html.
24. WESTBY, JODY R., INTERNATIONAL GUIDE TO COMBATING CYBERCRIME 109 (American Bar
Association 2003).

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