Source: europalex.kataweb.it
The European project to change the approach to combating crime, in future remote searches
(Council Conclusions 2009 / C 62/05 OJEU 03/17/2009)
(Council Conclusions 2009 / C 62/05 OJEU 03/17/2009)
New strategies at the highest level against computer crime, but for now still only in outline. They were published just three days ago in the official journal of the European Union Council conclusions that would provide the most efficient so far difficult to counter one of the most insidious forms of crime and greater development. As the political leadership of the Union emphasizes "the purpose of this strategy should be to enable to cope with even greater efficiency to the many crimes committed with the use of electronic networks, which take forms such as the alarming child pornography and all forms of sexual violence and any form of terrorist act. " Not only that you should assist in responding to large-scale attacks against information systems. What to do immediately? In short time you think of the creation of a European platform for reporting crimes committed via the Internet. But even the definition of the concept of "identity theft on the Internet, in accordance with national legislation and the creation of national frameworks and the exchange of best practices on ciberpattuglie. In the mean time could be exchanged in relation to locking devices and closure of child-porn sites in the Member States and the use of "remote searches" is foreseen in national legislation, which allows access to enforcement services information quickly, with the consent of the host country. (March 19, 2009)
Council conclusions of 27 November 2008 on a work concerted strategy and practical measures to combat computer crime (2009 / C 62/05)
Council conclusions of 27 November 2008 on a work concerted strategy and practical measures to combat computer crime (2009 / C 62/05)
THE COUNCIL OF THE EUROPEAN UNION, NOTING THAT:
- one of the objectives of the European Union is the progressive creation of an area of \u200b\u200bfreedom, security and justice by establishing joint actions of Member States in the sphere of police cooperation and judicial
- to protect the Europeans is one of the fundamental tasks of Europe. The Union must be able to identify emerging forms of crime and to adapt its operations so that we can react quickly - in recent years have witnessed a steady increase of the offenses committed on the Internet, which have an increasingly transnational, as the Internet abolish all borders,
- the priority given to a strategy to combat organized crime and cybercrime was set at the European Council meeting in Tampere in October 1999. It has since been confirmed by the considerable amount of work done by the European institutions, in particular the Commission Communication to the European Parliament, the Council and the Committee of the Regions of 22 May 2007 entitled "Towards a general policy to combat computer crime 'and the Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems, which the Commission intends to update in 2009,
- no later than September 15, 2010, the Commission will evaluate the implementation of Directive 2006/24/EC of the European Parliament and the Council of 15 March 2006 on the retention of data - the Commission and the Council of Europe already completed work to strengthen the partnership between public authorities and private sector to combat computer crime,
- the Commission will Communication on future priorities relating to freedom, security and justice in Europe that will prefigure the next long-term program (2010-2014) and that should raise the question of the fight against cybercrime,
- the adoption by the Council conclusions on the establishment of national mechanisms enabling power to a European platform for the reporting of crimes reported on the Internet reflects the intention to strengthen cooperation in enforcement of the law enforcement agencies by providing significant resources and effective
- Finally, the development of a comprehensive cyber crime seems to be the working method most appropriate at EU level, to find solutions to all issues which arise or may arise in the field in the near future, and make sure there is follow-up.
THE COUNCIL:
1) CONSIDERS it important to combat computer crime in its various components and calls upon Member States and the Commission to establish a joint working strategy, taking into account the contents of the Council of Europe Convention on Cybercrime.
The purpose of this strategy should be to enable to cope with even greater efficiency to the many crimes committed with the use of electronic networks, which take forms such as the alarming child pornography and all forms of violence sexual and all forms of terrorist acts, as defined in the Framework Decision 2002/475 of 13 June 2002. 03/17/2009 C 62/16 Official Journal of the European Union
should also help to respond to specific threats that weigh on electronic networks (large-scale attacks against information systems).
This strategy should ultimately deal with the means to combat the traditional forms of crime committed via the Internet, such as identity theft, identity theft, fraudulent sales, financial irregularities and illegal trade on the Internet, in particular the drug trafficking and arms.
2) believed that the search for an effective response to these different threats related to electronic networks should lead to horizontal measures such as:
a) the strengthening of partnership between public authorities and private sector with a view to jointly develop methods for detection and prevention of damage caused by criminal activity and reporting to law enforcement agencies of relevant information regarding the prevalence of crime, by companies who are its victims. It is particularly recommended to the Commission to study the guidelines adopted by the World Conference on cooperation against cybercrime which met under the auspices of the Council of Europe on 1 and 2 April 2008, aimed at improving the partnership between public authorities and private sector in the fight against cybercrime. In this context, the Council notes the recommendations made at the end of the meeting of experts organized by the Commission on 25 and 26 September this year, as attached;
b) improving the skills and training of persons engaged in the fight against cybercrime in Europe. It would be particularly appropriate the establishment of a network of police chiefs in the fight against cybercrime. This initiative would complement, in fact, the work undertaken by groups of experts active in the sector, taking into consideration not only of future risks, but also the procedures for emergency intervention in case of accidents, like the group established under the aegis of Europol, or joint research centers established by the Commission;
c) strengthening the technical cooperation and international cooperation with third countries, are increasingly faced with this criminal scourge, as well as for technique.
3) Call, in this context, Member States and the Commission to introduce measures based on case studies, particularly taking into account technological developments, so as to provide tools for operational use in the short and medium term, such as: a) short-term: - the creation of a European platform for reporting crimes committed via the Internet, - the development, after consultation with private operators, a European model of cooperation agreement between law enforcement agencies and those operators - the definition of "identity theft on the Internet, in accordance with national legislation - the creation of national and the exchange of best practices on ciberpattuglie, modern tool to fight crime on the Internet that allows the sharing of information on aliases on a European scale in accordance with national legislation on the exchange of data - the use of joint investigative teams and d ' joint investigation, - the resolution of problems by roaming and anonymity of electronic products Telecommunication prepaid b) in the medium term: - trade in relation to locking devices and / or close child pornography sites in the Member States. The access providers should be encouraged to adopt these measures. If necessary, the European platform could provide a mechanism to establish a common blacklist, - easing remote searches, if required by national law, which allows investigation services to access information quickly, with the consent of the host country - the establishment of temporary definitions of crime categories and statistical indicators to encourage the collection of comparable statistics on various forms of crime computer, taking into account the work that the European Union is currently implementing in this field.
4) INVITES the Commission to assess progress in preparing for the implementation of measures envisaged in paragraphs 2 and 3. Therefore calls on Member States to inform it of the contributions they bring.
5) calls for additional measures in the longer term as part of future long-term program on Justice, Freedom and Security (2010-2014).
ANNEX 1. Law enforcement and the private sector should be encouraged to initiate an exchange of operational and strategic information to strengthen their capacity to detect and combat emerging forms of crime computer. Law enforcement should be encouraged to inform providers about trends in this type of crime.
2. In particular, Member States are encouraged to develop a standardized system for the confidential exchange of operational and strategic information between law enforcement agencies and the private sector. Essential components of such a system include the following structures and procedures:
3. Permanent points of contact: should be set up permanent points of contact by law enforcement - and the corresponding points for the private sector - to improve the clarity and efficiency of procedures for the request and response. The corresponding points for the sector private sectors should also provide an "after hours" to respond to urgent requests by law enforcement. The status of 'urgent' should be made by mutual agreement between law enforcement and the private sector.
4. The private sector and law enforcement are encouraged to assist each other in terms of education, training and other forms of support on their services and operations.
5. Standard Request Form: nationwide and as far as possible with third countries, law enforcement agencies should standardize and structure the form used to transmit requests and answered. The private sector should use the latter form to reply to requests from law enforcement agencies. At a minimum, the requirements of law enforcement should be made in writing, preferably in electronic form and shall contain the following information: - reference number - reference to the legal basis - specific data required - time zone - information which allow verification of the source of the request.
6. Levels of prioritizing the request: law enforcement agencies and the private sector should agree on a system of prioritizing the demands of law enforcement services provided to the private sector.
7. The law enforcement agencies and the private sector should take account of the costs involved processing a request and response. Procedures should be developed considering the financial impact of these activities and should consider issues related to reimbursement of the cost or fair compensation to the parties concerned. 8. The European Commission, Member States and private sector actors are encouraged to facilitate the exchange of best practice in relation to items 1 to 7, in order to approximate the national mechanisms and, ultimately, to create a trading system operational and strategic information at EU level.
- one of the objectives of the European Union is the progressive creation of an area of \u200b\u200bfreedom, security and justice by establishing joint actions of Member States in the sphere of police cooperation and judicial
- to protect the Europeans is one of the fundamental tasks of Europe. The Union must be able to identify emerging forms of crime and to adapt its operations so that we can react quickly - in recent years have witnessed a steady increase of the offenses committed on the Internet, which have an increasingly transnational, as the Internet abolish all borders,
- the priority given to a strategy to combat organized crime and cybercrime was set at the European Council meeting in Tampere in October 1999. It has since been confirmed by the considerable amount of work done by the European institutions, in particular the Commission Communication to the European Parliament, the Council and the Committee of the Regions of 22 May 2007 entitled "Towards a general policy to combat computer crime 'and the Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems, which the Commission intends to update in 2009,
- no later than September 15, 2010, the Commission will evaluate the implementation of Directive 2006/24/EC of the European Parliament and the Council of 15 March 2006 on the retention of data - the Commission and the Council of Europe already completed work to strengthen the partnership between public authorities and private sector to combat computer crime,
- the Commission will Communication on future priorities relating to freedom, security and justice in Europe that will prefigure the next long-term program (2010-2014) and that should raise the question of the fight against cybercrime,
- the adoption by the Council conclusions on the establishment of national mechanisms enabling power to a European platform for the reporting of crimes reported on the Internet reflects the intention to strengthen cooperation in enforcement of the law enforcement agencies by providing significant resources and effective
- Finally, the development of a comprehensive cyber crime seems to be the working method most appropriate at EU level, to find solutions to all issues which arise or may arise in the field in the near future, and make sure there is follow-up.
THE COUNCIL:
1) CONSIDERS it important to combat computer crime in its various components and calls upon Member States and the Commission to establish a joint working strategy, taking into account the contents of the Council of Europe Convention on Cybercrime.
The purpose of this strategy should be to enable to cope with even greater efficiency to the many crimes committed with the use of electronic networks, which take forms such as the alarming child pornography and all forms of violence sexual and all forms of terrorist acts, as defined in the Framework Decision 2002/475 of 13 June 2002. 03/17/2009 C 62/16 Official Journal of the European Union
should also help to respond to specific threats that weigh on electronic networks (large-scale attacks against information systems).
This strategy should ultimately deal with the means to combat the traditional forms of crime committed via the Internet, such as identity theft, identity theft, fraudulent sales, financial irregularities and illegal trade on the Internet, in particular the drug trafficking and arms.
2) believed that the search for an effective response to these different threats related to electronic networks should lead to horizontal measures such as:
a) the strengthening of partnership between public authorities and private sector with a view to jointly develop methods for detection and prevention of damage caused by criminal activity and reporting to law enforcement agencies of relevant information regarding the prevalence of crime, by companies who are its victims. It is particularly recommended to the Commission to study the guidelines adopted by the World Conference on cooperation against cybercrime which met under the auspices of the Council of Europe on 1 and 2 April 2008, aimed at improving the partnership between public authorities and private sector in the fight against cybercrime. In this context, the Council notes the recommendations made at the end of the meeting of experts organized by the Commission on 25 and 26 September this year, as attached;
b) improving the skills and training of persons engaged in the fight against cybercrime in Europe. It would be particularly appropriate the establishment of a network of police chiefs in the fight against cybercrime. This initiative would complement, in fact, the work undertaken by groups of experts active in the sector, taking into consideration not only of future risks, but also the procedures for emergency intervention in case of accidents, like the group established under the aegis of Europol, or joint research centers established by the Commission;
c) strengthening the technical cooperation and international cooperation with third countries, are increasingly faced with this criminal scourge, as well as for technique.
3) Call, in this context, Member States and the Commission to introduce measures based on case studies, particularly taking into account technological developments, so as to provide tools for operational use in the short and medium term, such as: a) short-term: - the creation of a European platform for reporting crimes committed via the Internet, - the development, after consultation with private operators, a European model of cooperation agreement between law enforcement agencies and those operators - the definition of "identity theft on the Internet, in accordance with national legislation - the creation of national and the exchange of best practices on ciberpattuglie, modern tool to fight crime on the Internet that allows the sharing of information on aliases on a European scale in accordance with national legislation on the exchange of data - the use of joint investigative teams and d ' joint investigation, - the resolution of problems by roaming and anonymity of electronic products Telecommunication prepaid b) in the medium term: - trade in relation to locking devices and / or close child pornography sites in the Member States. The access providers should be encouraged to adopt these measures. If necessary, the European platform could provide a mechanism to establish a common blacklist, - easing remote searches, if required by national law, which allows investigation services to access information quickly, with the consent of the host country - the establishment of temporary definitions of crime categories and statistical indicators to encourage the collection of comparable statistics on various forms of crime computer, taking into account the work that the European Union is currently implementing in this field.
4) INVITES the Commission to assess progress in preparing for the implementation of measures envisaged in paragraphs 2 and 3. Therefore calls on Member States to inform it of the contributions they bring.
5) calls for additional measures in the longer term as part of future long-term program on Justice, Freedom and Security (2010-2014).
ANNEX 1. Law enforcement and the private sector should be encouraged to initiate an exchange of operational and strategic information to strengthen their capacity to detect and combat emerging forms of crime computer. Law enforcement should be encouraged to inform providers about trends in this type of crime.
2. In particular, Member States are encouraged to develop a standardized system for the confidential exchange of operational and strategic information between law enforcement agencies and the private sector. Essential components of such a system include the following structures and procedures:
3. Permanent points of contact: should be set up permanent points of contact by law enforcement - and the corresponding points for the private sector - to improve the clarity and efficiency of procedures for the request and response. The corresponding points for the sector private sectors should also provide an "after hours" to respond to urgent requests by law enforcement. The status of 'urgent' should be made by mutual agreement between law enforcement and the private sector.
4. The private sector and law enforcement are encouraged to assist each other in terms of education, training and other forms of support on their services and operations.
5. Standard Request Form: nationwide and as far as possible with third countries, law enforcement agencies should standardize and structure the form used to transmit requests and answered. The private sector should use the latter form to reply to requests from law enforcement agencies. At a minimum, the requirements of law enforcement should be made in writing, preferably in electronic form and shall contain the following information: - reference number - reference to the legal basis - specific data required - time zone - information which allow verification of the source of the request.
6. Levels of prioritizing the request: law enforcement agencies and the private sector should agree on a system of prioritizing the demands of law enforcement services provided to the private sector.
7. The law enforcement agencies and the private sector should take account of the costs involved processing a request and response. Procedures should be developed considering the financial impact of these activities and should consider issues related to reimbursement of the cost or fair compensation to the parties concerned. 8. The European Commission, Member States and private sector actors are encouraged to facilitate the exchange of best practice in relation to items 1 to 7, in order to approximate the national mechanisms and, ultimately, to create a trading system operational and strategic information at EU level.
0 comments:
Post a Comment