Regional workshop on COVID-19-related cybercrime and electronic evidence in Asia
organised under the Octopus Project of the Council of Europe with the financial support of the Government of Japan
7-9 March 2022 | Colombo, Sri Lanka and online
The Council of Europe – under the Octopus Project – in recent months undertook a regional study (new) to obtain a better understanding of the response of Asian countries to COVID-19 related cybercrime, and held two round-table meetings to this effect. In addition, a country-specific study on the Philippines was initiated and is to be available shortly.
Background
Governments all over the world have taken a range of measures to address the challenge of cybercrime. Often this includes the adoption of legislation based on the Budapest Convention on Cybercrime and international cooperation based on this treaty.
In Asia, Japan had been in the lead by participating in the negotiation of this Convention and by becoming the first Party from Asian in 2012. Subsequently, the Philippines and Sri Lanka also joined this treaty. It is understood that more capacity building efforts are needed in Asia to strengthen the ability of countries to counter cybercrime on the basis of the Budapest Convention.
The COVID-19 pandemic is accompanied by a massive spike in COVID-19 related cybercrime and other offences involving electronic evidence; this underscores the urgency of enabling public authorities to counter cybercrime. The pandemic not only increases the reliance of societies and individuals on information and communication technology and accelerates the digital transformation of societies, but also offers criminals new opportunities to exploit technologies in the form of phishing campaigns and malware distribution, ransomware attacks (including against health facilities), fraud schemes, disinformation or increased online sexual violence against children. At the same time, the pandemic weakens the ability of public authorities – that are also affected by and subject to restrictions – to respond to crime.
It is clear that criminal justice authorities need to engage in full cooperation to detect, investigate, attribute and prosecute such offences and bring to justice those that exploit the COVID-19 pandemic for their own criminal purposes.
This is also true for countries in Asia. Measures are needed to strengthen capacities for a more effective criminal justice response to cybercrime and challenges related to electronic evidence not only to address current COVID-19 related cybercrime but also to be prepared for future crises of a similar nature.
The Council of Europe – under the Octopus Project – in recent months undertook a regional study (new) to obtain a better understanding of the response of Asian countries to COVID-19 related cybercrime, and held two round-table meetings to this effect. In addition, a country-specific study on the Philippines was initiated and is to be available in early March 2022.
The regional study provides examples of the challenges faced by criminal justice authorities in Asian countries and summarises their responses to COVID-19 related cybercrime. It also makes suggestions for countries to be better prepared for the future.
Expected outcome
Based on the findings of the two draft studies and the sharing of experience during the event, this activity has been planned to result in a set of proposals for measures that may be taken by Asian countries to ensure a more effective criminal justice response to current COVID-19 related cybercrime and to similar crises and challenges in the future.
These proposals may not only help countries develop policies or strategies to address such challenges but also shape capacity building support to countries in Asia.
Participants
Each of the nine countries included in this exercise (India, Indonesia, Japan, Laos, Malaysia, Philippines, Singapore, Sri Lanka and Vietnam) have been invited to nominate 4 participants representing the Ministry of Justice, National Police, Public Prosecutors and National Agencies in charge of cybercrime policies and strategies. In addition, participants from the Maldives and Nepal were invited so that they can benefit from the discussions.
Resources
- Council of Europe/ Octopus Project, COVID-19 related cybercrime in Asia: Regional Study, June 2022 new
- Council of Europe: Cybercrime and COVID-19
- Council of Europe: Convention on Cybercrime (also known as the Budapest Convention)
- Council of Europe: Second Additional Protocol to the Convention on Cybercrime (Treaty Office)
- Council of Europe: Second Additional Protocol to the Convention on Cybercrime (dedicated webpage)
- Council of Europe: Guidance Notes regarding the use of the Convention on Cybercrime
- Council of Europe: The 24/7 Network established under the Budapest Convention on Cybercrime
- Council of Europe: Octopus Platform
- Council of Europe: Electronic Evidence Guide (available upon request)
- Council of Europe: Standard Operating Procedures for the Collection, Analysis and Presentation of Electronic Evidence (available upon request)
- Council of Europe: Digital Forensics Laboratory Guide (available upon request)
- Council of Europe: Guide on Seizing Cryptocurrencies (available upon request)
- Council of Europe: Guide for First Responders to Cybercrime Investigations (available upon request)
- Full report: The Budapest Convention on Cybercrime: benefits and impact in practice, July 2020 (.pdf)
- Podcast: Cathie talks about cybercrime with Alexander Seger: EN, October 2021
- Video: Convention on Cybercrime explained: EN | FR | ES, November 2021
- Video: First Additional Protocol explained: EN | FR | ES, November 2021
- Video: Second Additional Protocol explained: EN | FR | ES, November 2021
- Article: A new Protocol to the Convention on Cybercrime: For a more effective criminal justice response to crime online – with strong safeguards, November 2021
- Leaflet: Joining the Convention on Cybercrime: Benefits: EN | FR | ES, December/September 2023 new
Agenda
Day 1 – Monday, 7 March 2022
- Welcome and opening remarks
- Impact of COVID-19 on cybercrime and electronic evidence
- Criminal justice responses to COVID-19 related cybercrime in Asia
- Domestic and international frameworks on cybercrime and e-evidence: their relevance for the COVID-19 pandemic
- Summary of the first day
Day 2 – Tuesday, 8 March 2022
- International cooperation on cybercrime and electronic evidence
- Enhanced cooperation and disclosure of electronic evidence
- Capacity building on cybercrime and electronic evidence in response to the COVID-19 pandemic
- Summary of the second day
Day 3 – Wednesday, 9 March 2022
- Preparing criminal justice authorities to respond to future crises
- Proposals for further action and capacity building
- Closing session
Day 1 – Monday, 7 March 2022
More presentations will be uploaded shortly. Thank you for your patience. Do explore our other resources meanwhile.
Welcome and opening remarks
- Alexander Seger (Head of the Cybercrime Division, Council of Europe), Opening remarks
- Jayantha De Silva (Secretary, Ministry of Technology of Sri Lanka), Opening remarks
- Ambassador Takeshi Akamatsu (Permanent Observer of Japan to the Council of Europe), Opening remarks (pre-recorded video)
- Rohan Muttiah (CERT Chairman, Sri Lanka), Opening remarks
Impact of COVID-19 on cybercrime and electronic evidence
Cybercrime landscape in Asia. Challenges faced by the criminal justice authorities during the COVID-19 pandemic
- Simon Hirrle (INTERPOL Singapore), Impact of COVID-19 on cybercrime and digital evidence (all 4 presentations)
- Hania El Helweh (CoE Consultant), Impact of COVID-19 on cybercrime and electronic evidence. Regional study: Asia
- Mr. Jayanethsiri (Assistant Superintendent of Police, Sri Lanka), Impact of COVID-19 on cybercrime and electronic evidence in Sri Lanka
Criminal justice responses to COVID-19 related cybercrime in Asia
Introduction of the study on COVID-19 related cybercrime in Asia
- Geronimo Sy (CoE Consultant), Criminal justice responses
Domestic and international frameworks on cybercrime and e-evidence: their relevance for the COVID-19 pandemic
International frameworks: Budapest Convention on Cybercrime and its Protocols. Country-study Philippines.
- Alexander Seger (CoE Cybercrime Division, Head), International frameworks: The tools of the Budapest Convention on Cybercrime
- Geronimo Sy (CoE Consultant), Impact of COVID-19 on cybercrime and electronic evidence. Country study: Philippines
Day 2 – Tuesday, 8 March 2022
More presentations will be uploaded shortly. Thank you for your patience. Do explore our other resources meanwhile.
International cooperation on cybercrime and electronic evidence
Challenges faced by criminal justice authorities. Mutual Legal Assistance and channels for cooperation. Cooperation with service providers. Data protection
- Simon Hirrle (INTERPOL Singapore), International cooperation on cybercrime and digital evidence (all 4 presentations)
- Alexandru Caciuloiu (UNODC Bangkok)
- Jayantha Fernando (Sri Lanka CERT, Director and ICTA, General Counsel), International cooperation on cybercrime and electronic evidence. Sri Lanka Data Protection Framework
- Deepak Maheshwari (CoE Consultant), Challenges in international cooperation. Evolution of India’s Data Protection Framework
Enhanced cooperation and disclosure of electronic evidence
Introduction to the 2nd Additional Protocol to the Budapest Convention on Cybercrime
- Alexander Seger (CoE Cybercrime Division, Head), The Second Additional Protocol to the Convention on Cybercrime
Capacity building on cybercrime and electronic evidence in response to the COVID-19 pandemic
- Alexandru Caciuloiu (UNODC Bangkok), Capacity building on cybercrime and EE in response to the COVID-19 pandemic
- Martha Stickings (EU-CoE GLACY+ project), Capacity building on cybercrime and EE in response to the COVID-19 pandemic
Day 3 – Wednesday, 9 March 2022
More presentations will be uploaded shortly. Thank you for your patience. Do explore our other resources meanwhile.
Preparing criminal justice authorities to respond to future crises.
Policies and strategies, cybercrime and e-evidence legislation, specialised units, interagency cooperation, LEA and judicial training, private-public partnerships and international cooperation.
- Hania El Helweh (CoE Consultant), Preparing CJA to respond to future crises
- Deepak Maheshwari (CoE Consultant), Preparing CJA to respond to future crises
- Simon Hirrle (INTERPOL Singapore), Preparing CJA to respond to future crises (all 4 presentations)
- Ye-Ting Woo (USDOJ Maldives) and Patricia Davies (USDOJ Nepal), Additional tools for international coordination
- Ye-Ting Woo (USDOJ Maldives) and Patricia Davies (USDOJ Nepal), G7 24/7 Cybercrime Network (flyer)
- Ye-Ting Woo (USDOJ Maldives) and Patricia Davies (USDOJ Nepal), G7 24/7 Cybercrime Network (Invitation and Protocol Statement)
- Ye-Ting Woo (USDOJ Maldives) and Patricia Davies (USDOJ Nepal), Drafting tips for MLA requests to the United States
Proposals for further action and capacity building.
Priorities and recommendations. National and international initiatives
- Alexandru Caciuloiu (UNODC Bangkok), Proposals for further action and capacity building
- Deepak Maheshwari (CoE Consultant), Proposals for further action and capacity building
- Simon Hirrle (INTERPOL Singapore), Proposals for further action and capacity building (all 4 presentaitons)
- Irina Drexler (CoE Octopus Project), Proposals for further action and capacity building