EU activities against cyber crime Radom ír Janský Unit - Fight against Organised Crime Directorate-General Justice, Free

1. EU activities against cyber crime Radomír Janský Unit - Fight against Organised Crime Directorate-General Justice, Freedom and Security (DG JLS) European Commission radomir.jansky@ec.europa.eu European Commission Directorate-General Justice, Freedom and Security

2. EU Action • EU Treaty– EU must be “maintained and developed as an area of freedom, security and justice” Title V–EU shall “strengthen the security of the Union in all ways” • Institutions – Council-Parliament-Commission (+agencies: e.g. Europol, Eurojust, ENISA) • Strategy/Policies/Instruments– CFSP and JHA; European Security Strategy (2003) - information infrastructure security; 2008 Implementation report: cyber security and attacks against IT systems; EU Strategy for a Secure Information Society (2006) - three-pronged approach embracing: Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

3. EU Action • specific network and information security measures Critical (Information) Infrastructure Protection CI(I)P; e.g. CIP Directive; CIIP: e.g. European multilingual information sharing and alert system at ENISA; • regulatory framework for electronic communications includes privacy and data protection issues; e.g. Data Protection Directive, E-privacy directive (prohibits Spam); • the fight against cyber crime – DG Justice, Freedom, Sec. Hague/Stockholm Programme (2005-10-15) - fight against terrorism & org. crime & cyber crime; privacy and security in information sharing; Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

4. 1. Legislative process • Council Framework Decision on combating the sexual exploitation of children and child pornography • Council Framework Decisionon attacks against information systems • minimum level of approximation between Member States’ criminal law targeting the main forms of criminal activity concerned • both FDs are being updated Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

5. 1. Legislative process (cont’d) • Council Framework Decision on combating the sexual exploitation of children and child pornography Weaknesses: • major aspects (e.g. rules to make it easier for children to give evidence and to alleviate their trauma) have to be reinforced; • new forms of abuseare increasing, in particular in connection with the new internet technologies (grooming); Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

6. 1. Legislative process (cont’d) • NEW PROPOSAL for Council Framework Decision on combating the sexual exploitation of children and child pornography • Comprehensive approach: Prosecution, Protection, Prevention • Take account of new forms of child abuse, especially on-line • Bring EU level up to highest international standards (CoE) Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

7. 1. Legislative process (cont’d) Prosecution: • New criminal offences are introduced, such as • 'grooming'; • viewing child pornography without downloading files; • advertising the possibility to abuse children (Art. 6) • Special investigative tools • allow the possibility of covert operations (Art. 12, para 5) Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

8. 1. Legislative process (cont’d) Protection: • States should take the necessary measures to enable units or investigative services to identify the victims of the offences. (Art. 12, para 6) Prevention: • Systems should be developed at national level to block access to websites containing child pornography. (Art. 18) Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

9. 1. Legislative process (cont’d) • Council Framework Decisionon attacks against information systems – current ideas on the update: • criminalisation of the production, sale, procurement for use, import, distribution or otherwise making available of botnets (tools); • new aggravating circumstances regarding large-scale attacks, such as the act of putting in place a botnet or a similar tool; • obligation on Member States to respond to an (urgent) request from other Member States (and within a time limit: 8 hours?); • to record, produce and provide statistical data on the offences referred to in the FD; Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

10. 2. EU and international cooperation • Communication on Critical Information Infrastructure Protection: "Protecting Europe from large scale cyber-attacks and disruptions: enhancing preparedness, security and resilience". • Preparedness and prevention - to ensure that adequate and consistent levels of preventive, detection, emergency and recovery measures are in place in all Member states. • Detection and response - supporting the development of a European information sharing and alert system. • Mitigation and recovery- national and multinational contingency plans and regular exercises for large-scale network security incident response and disaster recovery. Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

11. 2. EU and international cooperation • Communication on Critical Information Infrastructure Protection: "Protecting Europe from large scale cyber-attacks and disruptions: enhancing preparedness, security and resilience". • International cooperation - to set EU priorities for the long term resilience and stability of the Internet, with a view to proposing principles and guidelines to be promoted internationally; • Establish criteria for European critical infrastructure in the ICT sector - the criteria and approaches currently vary across Member States. Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

12. 2. EU and International Cooperation • G8, Council of Europe – Cybercrime Convention • EU Council Conclusions on a concerted work strategy and practical measures against cybercrime (Nov. ’09) – European Alert Platform • EU-US expert meeting on cooperation against cyber crime (27 Nov) Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

13. 3. Public-Private Cooperation • EUCouncil Conclusions – include recommendations on public-private partnership against cyber crime • EU cyber crime training platform • European Financial Coalition • Commission expert meeting on illegal content – follow-up to 2008 Council Conclusions (European Agreement Model on public-priv. Coop.) Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

14. 4. Financial Programmes •Safer Internet: € 55 million for 2009-2013 •ISEC (“Prevention of and Fight against Crime”): €70 million in 2009 http://ec.europa.eu/justice_home/funding/isec/funding_isec_en.htm Living in an area of freedom, security and justice European Commission Directorate-General Justice, Freedom and Security

15. Thank you European Commission Directorate-General Justice, Freedom and Security