Stein Schjolberg

Chief Judge (Ret.)



Chairman, High-Level Experts Group (HLEG) - 100 experts from around the world (2007-2008) ITU The Global Cybersecurity Agenda

All comments are appreciated, Judge Stein Schjolberg

 The U.S. Supreme Court has amended the Fedeal Rules of Criminal Prosedures, and has adopted new Criminal Rules 4, 41, and 45. Federal judges should be able to issue hacking warrants to FBI and other federal law enforcement for anywhere in the U.S. if the suspect has tried to hide their location. A summons to an organisation under Rule 4(c)(3)(D) may also be served at a place not within a judicial district of the United States. The amendment shall take effect on December 1, 2016.
 The FBI Director James Comey has said he has seen some improvement from China in cooperating on cybercrime. 
 A Draft Encryption Bill has been presented in the U.S. Senate by the Senators Richard Burr and Dianne Feinstein. The Draft Bill is titled the «Compliance with Court Orders Act of 2016».  
Cyber norms guiding States behaviour in cyberspace have been presented in a new book «International Cyber Norms: Legal, Policy & Industry Perspectives».
A Russian-American dialogue has agreed to organize a regular review of the the relations in order to resolve the existing difficulties.
The Chinese President Xi Jinping and President Barack Obama had a talk, including cybersecurity, at the Nuclear Security Summit, in Washington DC.

The global IT company Apple Inc. is challenged by a Court Order from the U.S. District Court for the Central District of California, and the FBI, on law enforcements access to locked or encrypted mobile device in the investigation of the San Bernardino terrorist attack in December 2, 2015. The Court Order  require Apple to provide ”reasonable technical assistance to assist law enforcement agents in obtaining access to the data on the subject device.” , see

An Exceutive Order by President Obama has established a Commission on Enhancing National Cybersecurity.
    The United Nations General Assembly Resolution of December 23, 2015 (A/RES/70/237) on "Developments in the field of information and telecommunications in the context of international security" involves only the behaviour of States, and confirm that cyberwar and cyberwarfare may be considered as regulated by the international laws on war.
    This is also the same approach in the G20 Leaders Communique of November 16, 2015, statement  no 26.
    No global initiatives that includes cybercrime with only criminal intent have been presented.

   The World Internet Conference was organized in Wuzhen, China, in December, and the World Economic Forum was organized in Davos, Switzerland, in January.
    As a global observer, I am searching for A Global Dialogue. 
     We all agree that the same rights that people have offline must also be protected online. The question is: should we agree that people must also have the same obligations online as they today have offline, to comply with authorized legal court-orders requests for information?

U.S. Attorney General Loretta Lynch made a statement at World Economic Forum in Davos, that the U.S. government are not asking for a backdoor.  She said that we are asking that «we also preserve what we currently have, which is for companies to respond to law enforcement warrants: court-ordered, court-authorized requests for information».
 Presented by Assistant Attorney General Leslie R. Caldwell, January 25.
A proposal for A Geneva Declaration for Cyberspace. A global framework on cybersecurity and cybercrime, and a contribution for peace, security and justice in cyberspace. 
 United States Congress lawmakers acknowledge that the ultimate goal is a Geneva Convention for Cyberspace.

    As a global observer I agree on the ultimate goal, but consensus for a  binding Convention may be difficult. The excellent purpose of such a global guideline may also be achieved through a non-binding Geneva Declaration for Cyberspace. A global agreement or understanding is needed between all countries. 
 India declared at the WSIS+10 Meeting, December 15-16, United Nations General Assembly, that «we should also aim to create a global convention to address issues of cybersecurity and cybercrime.»
 China declared at a conference in China, December 16, an opposition to all categories of cybercrime, including industrial espionage, cyber surveillance, attacks against goverments networks, and that no countries should define acceptable norms of cyber behaviuor.
 China also declared at the conference in China, December 16, that participants have reached a consensus on the importance of legislation in the field of cyber security, and the necessity for a code of conduct with universal standards, in order to prevent and fight cybercrime. 
 Russia declared at the conference in China, December 16, on a greater role for the International Telecommunications Union (ITU).
  The first U.S.- China High-Level Joint Dialogue on Cybercrime and Related Issues was held in Washington DC, on December 1, 2015. The primary objectives of the dialogue were to review the timeliness and quality of responses to requests for information and assistance. They reached agreement on a document establishing guidelines for requesting assistance, and for responding to such requests. Next dialogue will take place in Bejing in June 2016.,%202015.pdf

The book "The History of Cybercrime"  was published in November 2014. It’s now available from

You will also find the book at other retailers, such as:

Apple iBooks and Amazon Kindle Shop

The Chairman’s Blog

40 Years of Research on Cybercrime (1976–2016)

«A global framework on cybersecurity and cybercrime, and a contribution for peace, security and justice in cyberspace.»


A proposal on A Geneva Convention or Declaration for Cyberspace (June 2016)

Draft UN Treaty on an International Criminal Court or Tribunal for Cyberspace (10th edition, June 2015)

Draft  UN Treaty on combating online child sexual abuse (8th edition, June 2015)