The cross-border characteristics of cyber crime are obvious, and it has become a consensus to carry out cooperative crackdown.
Compared with traditional crimes, cyber crimes have a prominent feature, that is, they are not restricted by regions. At the forum on combating and managing cyber crime held recently, experts in the industry introduced how to carry out international cooperation to better combat cyber crime.
Law enforcement agencies carry out international cooperation
The trans-regional nature of cyber crime has brought many challenges to combating and controlling cyber crime.
"The cross-border implementation of cybercrime, the cross-border movement of criminals and the cross-border use of network resources make cybercrime easier to escape supervision than traditional crimes." Li Jingjing, director of the Legal Affairs Department of the Network Security Bureau of the Ministry of Public Security, said.
Li Jingjing further analyzed the cross-regional harmfulness of cyber crimes through the cases he investigated. "At present, some neighboring countries and regions have opened casinos, and provided online betting and video gambling services to China through the Internet. Every year, a large amount of funds are lost abroad because of online gambling. At the same time, some domestic personnel fled abroad to escape the blow, and even put on a legal coat abroad, and established a large-scale criminal base. Recently, we have detected several organizations whose domestic personnel fled abroad to commit crimes, and then sent these people back to China. As cybercrime becomes more and more popular across regions, such a situation will appear more. "
Li Jingjing believes that the traditional law enforcement cooperation mechanism, including judicial assistance channels, is still used in the process of cracking down on and controlling cyber crimes, which is far from meeting the actual needs of cracking down on and controlling cyber crimes, resulting in low efficiency, high cost and poor timeliness in the process of investigating cross-border cyber crimes. In order to curb the cross-border and cross-border high-incidence and frequent occurrence of cybercrime, it is far from enough to rely solely on criminal strikes.
"Experts from the court system and the procuratorate system have repeatedly proposed that cyber crimes should be comprehensively managed. To curb cyber crime, we can’t put criminal strike at the forefront, and criminal strike is the last line of defense. To truly curb cybercrime and completely eradicate the soil that breeds cybercrime and its interest chain, we must base ourselves on prevention first and combine prevention with prevention. " Li Jingjing said.
For a long time, law enforcement agencies have focused on international cooperation in combating and controlling cyber crimes.
According to Zhao Xianwei, deputy director of the Supreme People’s Procuratorate Procuratorial Technology Information Research Center, after the SCO member States were established in Shanghai in 2001, in 2002, the SCO procuratorate system has set up a high-level procuratorial organ organization meeting, once a year, which is the fifteenth time in 2017.
At the 15th meeting of the Procurators-General of the SCO member states, Cao Jianming, then the Procurator-General of the Supreme People’s Procuratorate, said that the SCO member states are geographically close and have a long history of exchanges, and they are a community of destiny that is accompanied by prosperity and decline, sharing weal and woe and helping each other in the same boat. China’s procuratorial organs are willing to work hand in hand with their counterparts in member countries to strengthen cooperation and expand the results of punishing cybercrime; Strengthen linkage, treat both the symptoms and the root causes, eradicate the living space of cybercrime, jointly safeguard the prosperity and stability of the region, and promote the building of a community of human destiny.
It is understood that the theme of the above-mentioned conference is "Combating crimes using modern information and communication technologies". During the meeting, the parties mainly discussed the prevention and investigation of transnational crimes using modern information and communication technologies, the coordination of legislation to combat crimes using modern information and communication technologies, and the use of the Internet to commit extremist and terrorist acts.
Cyber terrorism is very harmful.
Among all kinds of cyber crimes, cyber terrorism is a special form of crime.
In June this year, Zhao Xianwei participated in an international cooperation experience exchange meeting on behalf of the procuratorial organs of China.
"What is the relationship between cyber terrorism and cyber crime? I think it must be intertwined, or cyber terrorism is more in the form of crime, which is a crime, and I think it is a crime with ordinary jurisdiction. " Zhao Xianwei said that in the eyes of some countries, cyber terrorism is the abuse of modern information technology to carry out traditional terrorist acts and the malicious use of modern information technology to achieve cyber terrorism. It can be understood that one is a crime against the network, and the other is a crime using the network.
"Some countries have also suggested that cyber terrorism is to accomplish political and social tasks, which means there are still some differences between cyber terrorism and cyber crime in the usual sense. Cyber terrorists have unique political and social goals, not only interests or economic needs. Therefore, cyber terrorism is a common cancer of human civilization, because it has political demands, in order to achieve greater targets. " Zhao Xianwei said.
In recent years, different countries are facing the threat of cyber terrorism and cyber crime.
According to Zhao Xianwei, as the host country of this conference, the situation of cyber terrorism faced by Russia is more severe. 75% of terrorism in Russia is spread through the Internet, and a lot of it is played through games, including online games that subvert the regime and promote terrorism.
"The excitement and agitation of this kind of game have a strong negative impact and are very dangerous." Zhao Xianwei said.
Although South Africa is not a member of the SCO, it has also introduced some unique phenomena.
"South Africa is mainly faced with the threat of financial jihad, which is mainly aimed at financial institutions and securities platforms. It is not for the purpose of pursuing interests, but an act that undermines the economic and financial order and has political and social purposes. This kind of cyber terrorism activity is very detailed at the technical level, including the use of several softwares that people in some professional fields can often access. " Zhao Xianwei said.
Stones from other mountains can attack jade
Among the SCO member States, India is quite special in dealing with cyber terrorism and cyber crime.
"India’s IT industry and technology are relatively developed, resulting in more problems than other countries. In addition, India’s social problems are more complicated than other countries. Therefore, in India’s view, any series of behaviors such as hacking attacks and unauthorized access to the network are all cyber terrorism. Therefore, India’s practices in judicial response, law enforcement, and professional research for cyber terrorist attacks have reference significance. " Zhao Xianwei said.
According to reports, since 1978, India has considered information technology data construction, information attacks and data security risks that may be faced in the future.
"According to the deputy attorney general of India who attended the meeting, they have carried out very in-depth judicial and law enforcement aspects. From the judicial point of view, in order to increase the efficiency of counter-terrorism, the Indian government can intercept private calls without authorization, that is to say, in addition to monitoring, if it thinks that the content of the call may involve propaganda or dissemination of terrorist information, it can take the initiative to cut off the phone. Including the use of court evidence, if the police intercept the phone content by special means, it can be used as direct evidence in court. According to the relevant provisions of China’s criminal procedure law, this is also possible, but China’s application is premised, and it can only be used as evidence after out-of-court verification and cross-examination. India is more advanced. In addition, in the eyes of the Indian government, hacking and unauthorized access can all be regarded as cyber terrorism, and the punishment is directly raised to life imprisonment, and the punishment measures are quite severe. " Zhao Xianwei said.
Around the fight against cyber terrorism and cyber crime, India has frequently launched some distinctive measures in recent years.
"India established a central monitoring system in 2013, which is a monitoring system across many law enforcement departments, which means that its information is highly concentrated, not scattered. In 2014, a national intelligence network was established, with wider coverage, higher concentration and higher efficiency. In addition, in 2014, India specially advocated the implementation of a plan, that is, the effective use of internal security plan based on space technology. This plan relies on data research institutions to identify and warn crime patterns, redeploy police resources, and conduct in-depth analysis of crime hotspots by monitoring crime-related news on social media. These practices provide a good reference for all countries in the world. " Zhao Xianwei said.
Establish a comprehensive prevention and control system for cyber crimes.
With the increasing number of cyber crimes, it has become the consensus of all parties to carry out in-depth international cooperation to combat and control cyber crimes.
"Strengthening the governance of the source of cybercrime has reached a consensus worldwide. In view of the cross-border characteristics of cyber crime, in the process of cracking down on cyber crime, more and more attention is paid to and the positive role played by Internet companies in crime prevention is strengthened. To curb cybercrime, prevent its cross-border spread, and conduct source management and comprehensive management of cybercrime, it is necessary to further highlight the responsibility of Internet companies to prevent cybercrime and establish a comprehensive prevention and control system for cybercrime. " Li Jingjing said.
Li Jingjing suggested that establishing a system and system for cross-border prevention and control of cyber crimes can not only solve the cross-border problem, but also solve the problem of venue jurisdiction. Through police cooperation, judicial assistance and other channels, we will take comprehensive measures against cyber crimes and take effective measures and emergency measures against overseas cyber crimes.
"There are many transnational and cross-border cyber crimes, so it is not obvious to rely on one country to combat cyber crimes. In fact, the police in China have cooperated with the police in many countries in the world in combating cyber crimes. I think maybe the cooperation between cyber police and police around the world is second only to criminal police. We have cooperated with police in 30 or 40 countries. I believe that with the development of the situation, this kind of international cooperation will be more and more. " Gu Jian, inspector of the former Network Security Bureau of the Ministry of Public Security, said.
Regarding the fight against cyber terrorism, Zhao Xianwei suggested that the identification of information about cyber terrorism should be unified as much as possible, especially at the legal level. Because the SCO is an inter-governmental organization based on the needs of counter-terrorism, the recognition of terrorist information varies from region to region. In some places, it is terrorist information, but in other places, it is not necessarily terrorist information, which creates obstacles to the work exchange between them and affects the efficiency of legal cooperation.
"For example, when a terrorist organization is discovered in a certain place in our country, it is necessary to obtain basic information about the criminals of this organization from other countries as soon as possible. Some countries may have this information, but the efficiency of legal cooperation is relatively low. In addition, we propose to establish an expert exchange mechanism to combat cyber terrorism within the framework of SCO member States and strengthen the study of cyber terrorism. Through the normalization of international expert exchanges, we will expand our horizons. " Zhao Xianwei said. (Legal Network reporter Du Xiao Intern Shi Xinwei)