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.

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.

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.

• 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