PEACE AND JUSTICE IN CYBERSPACE
Proposal for a draft United Nations Statute on an International Court or Tribunal for Cyberspace (Second edition May 2013)
Proposal for a draft United Nations Treaty on combating online child sexual abuse (Second edition, May 2013)
- An International Criminal Tribunal for Cyberspace should be established
- The Prosecutor as a separate organ of the Tribunal should be responsible for the investigation and prosecution
-Cyberattacks of the most serious global concern should be included in a substantive international criminal law
The most serious global cyberattacks in the recent years, have revealed that almost nobody has been investigated, and nobody has been prosecuted and sentenced.
All comments are appreciated Judge Stein Schjolberg
2013
Roundtable Meeting for global Working Groups on cybercrime, Brussels, May 15, 2013
‣ Conference on Partnership between State, Civil Society and Business in the Field of International Information Security, organised by Lomonoso, Moscow State University Institute of Information Security Issues, Garmisch Partenkirchen, Germany, April 22-24, 2013.
‣ International Engagement on Cyber: Developing International Norms for a Safe, Stable & Predictable Cyber Enviroment, Georgetown University, Washington DC, USA, April 10, 2013.
‣ ERA training course on legal and technical aspects of cybercrime for judges and prosecutors, Trier, Germany, February 14-15, 2013.
‣ A conference on Identity Theft is organized in Oslo, Norway, February 12-13, 2013, by NorSIS, Norway, in cooperation with Oberthur Technologies.
2012
‣ The 11th Annual Conference ICLN «Combating Cybercrime» in The Hague, December 13, 2012
‣ The Third EastWest Institute (EWI) Worldwide Cybersecurity Summit, New Dehli, India, October 30 -31, 2012
‣ 13th International Law Congress, Queenstown, New Zealand, September 12-16, 2012
‣ ERA Conference on Cybercrime, Milan, May 24-25, 2012
‣ International Engagement on Cyber: Establishing International Norms & Improved Cyber Security, Georgetown University, Washington DC, USA, April 10, 2012.
‣ITU Publication on Understanding Cybercrime: A Guide for Developing Countries (pdf) Second edition by Professor Marco Gercke, Germany (2011). This is by many observers considered to be the most outstanding presentation of cybercrime in the world today.
‣Potential new global legal mechanisms on combating cybercrime and global cyberattacks, ISPAC International Conference on Cybercrime: Global Phenomenon and Its Challenges, Courmayeur Mont Blanc, Italy, (December 2-4, 2011)
‣An International Criminal Court or Tribunal for Cyberspace (ICTC). A presentation at the EastWest Institute Second Worldwide Cybersecurity Summit, London, UK, (June 1-2, 2011).
‣Wanted - A United Nations Cyberspace Treaty, including cybercrime. A presentation at the EastWest Institute First Worldwide Cybersecurity Summit, Dallas, USA, (May 3-5, 2010).
‣A Cyberspace Treaty - A United Nations Convention or Protocol on Cybersecurity and Cybercrime. A presentation at the United Nations Congress on Crime Prevention and Criminal Justice, Salvador, Brazil, (April 12-19, 2010).
‣A Cyberspace Treaty, including cybersecurity and cybercrime. Cyberspace, as the fifth common space after land, sea, air and outer space neeed international law as a framework. - EastWest Institute 7th Worldwide Conference, Special Consultation «International Pathways to Cybersecurity» - Brussels (February 17, 2010).
‣Court Technology Conference (CTC) 2009 - A brief introduction of the International Courts, Denver, USA, (September 2009) (pdf)
‣ITU Publication on Understanding Cybercrime: A Guide for Developing Countries (pdf) prepared by Dr. Marco Gercke; International Telecommunication Union (ITU), Geneva (May 2009)
‣The History of Global Harmonization on Cybercrime Legislation - The Road to Geneva (pdf)
Stein Schjolberg (December 2008)
‣The Global Strategic Report (HLEG) - ITU (November 2008)
‣ Chairmans Report (pdf)
High Level Expert Group (HLEG) - ITU (September 2008)
‣Terrorism in Cyberspace - Myth or reality? (pdf)
No.1/2007
Stein Schjolberg (June 2007)
2013
March
‣In Trinidad and Tobago a draft law on cybersecurity and cybercrime has been presented to the Legislative Review Committee. It is estimated that it will be sent to the Parliament within two months for enactment as law. Assistance has been given by the International Telecommunication Union (ITU).
‣The legal framework on cybercrime in Samoa was presented at a Workshop on fighting cybercrime for the Pacific.
February
‣The Supreme Court in the Philippines has declared in a temporary restraining order, that the new cybercrimelaw should not enter into effect.
January
‣In Australia the Attorney-General has announced that the Council of Europe Convention on Cybercrime enter into force in Australia, on March 1, 2013. The Australian Cybercrime Legislation Amendment Act 2012 received Royal Assent on September 12, 2012.
‣Jamaica has through the International Telecommunication Union (ITU) engaged Professor Marco Gercke, Germany, as a consultant to provide technical and legal assistance in reviewing the excisting cybercrime law. The Cybercrime Act was introduced in 2010.
2012
December
‣The International Criminal Law Network (ICLN) organized a Cybercrime Conference in The Hague on December 13. Judge Stein Schjolberg introduced a proposal for an International Criminal Court or Tribunal for Cyberspace.
November
‣The United Arabic Emirate (UAE) has enacted a new cybercrime law, including using the Internet to transmit, publish or promote pornographic material, gambling activities and indecent acts.
‣In Brazil, The Chamber of Deputies, the lower legislative house, has approved
two cybercrime laws. Both Bills may now be signed by the President
October
‣UNODC has published a practical guide, The use of the Internet for terrorist purposes, to Member States for more effective investigation and prosecution of terrorist cases involving the use of the Internet.
‣The Dutch Minister of Security & Justice has in a letter to the Parliament expressed the Governments intention to draft new cybercrime legislation.
September
‣Judge Stein Schjolberg made a presentation on cybercrime at the 13th International Criminal Law Congress, Queenstown, New Zealand, September 12-16. See his summary (pdf).
‣Australia has enacted the Cybercrime Legislation Amendment Act 2012, including the implementation of the Council of Europe Convention on Cybercrime.
August
‣The U.S. Senate has blocked the Cybersecurity Act of 2012.
July
‣Costa Rica has adopted Law 9048 as amendments to the Criminal Code, including new cybercrime offences.
June
‣The House of Representatives in The Philippines has approved the third and final reading of the Cybercrime Prevention Act of 2012. Offences punishable under the Act, includes also offences such as cybersex, unsolicited commercial communications, cyber defamation, and cyber threats.
May
‣The United Nations Office on Drugs and Crime (UNODC) has organized a regional expert meeting in Bangkok, Thailand, for a contribution to the UNODC global Study/Working Group on cybercrime. The Group shall study aims to strengthen existing national and international legal responses to cybercrime.
April
‣The EastWest Institute Cybercrime Legal Working Group is developing recommendations for a consensus-building set of new legal mechanisms for cybersecurity and cybercrime at the United Nations level. «I am not willing to accept Deadlock», said the Chair Judge Stein Schjolberg.
March
‣Potential new legal mechanisms against global cyberattacks and cybercrime, including a International Criminal Tribunal for Cyberspace, was introduced by Judge Stein Schjolberg.
‣The Shoura Council in Saudi Arabia has approved the Arab League Convention to combat cyber crimes.
‣A Legal Analysis has been published of the The Cyber Crime Protection Security Act (S.2111) in the US Senate.
February
‣The Bill C-30 has been recommended to the House of Commons in Canada entitled: «An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts.»
January
‣The Senate in The Philippines has approved the final reading of the Senate Bill 2796: The Cybercrime Prevention Act of 2012. (pdf) In addition to the traditional Articles on substantive criminal law, the Bill also includes offences on cybersex and cybersquatting.



