1) CONSIDERS that it is important to combat the various elements of cybercrime and to invite the Member States and the Commission to determine a joint working strategy, taking into account the content of the Council of Europe Convention on cybercrime. The purpose of this strategy should be to make it possible to cope even more effectively with the multiple crimes committed by means of electronic networks. These take forms as worrying as child pornography, any form of sexual violence, and any act of terrorism – as defined by the Framework Decision 2002/475/JAI of 13 June 2002. It should also contribute to responding to the specific threats weighing on electronic networks (large-scale attacks against information systems). Finally, this strategy should tackle the means of combating the traditional forms of crime committed via the Internet, such as identity fraud, identity theft, fraudulent sales, financial offences, illicit trading on the Internet, particularly narcotics and arms dealing.
2) CONSIDERS that the search for an effective response to these various threats in relation to electronic networks must be met by such horizontal measures as:
a) strengthening the partnership between public authorities and the private sector so as to jointly design methods for detecting and preventing damage caused by criminal activities and for victimised companies to transmit relevant information concerning the frequency of offences suffered to the law enforcement agencies. In particular, it is recommended that the Commission work on the details of the guidelines adopted by the Conference on Global Co-operation Against Cybercrime, which met under the auspices of the Council of Europe on 1 and 2 April 2008, and which aimed at improving the partnership between public authorities and the private sector in the fight against cybercrime. In this context, the Council notes the recommendations made after the meeting of experts organised by the Commission on 25 and 26 September this year, attached in appendix;
b) improving knowledge and training among stakeholders involved in the fight against cybercrime in Europe. In particular, setting up a network of Heads of police against cybercrime would be appropriate. This initiative would indeed supplement the work undertaken by active expert groups in this field, which will not only take into account the future risks, but also the procedures for urgent actions with regard to severe incidents, similarly to the group set up under the auspices of Europol, or by the Joint Research Centres, set up by the Commission;
c) reinforcing technical and international co-operation with third countries, which must increasingly cope with this criminal scourge, as well as technical assistance;
3) INVITES, from this viewpoint, the Member States and the Commission to introduce measures based on case studies, particularly taking into account technological developments, so as to prepare tools for operational use, in the short and medium term, such as:
a) in the short term
• setting up a European platform aimed at reporting criminal acts committed on Internet;
• drafting, in consultation with private operators, of a European agreement model for cooperation between law enforcement agencies and private operators;
• finding a description of what is meant by identity fraud on the Internet, in compliance with domestic laws;
• setting up national frameworks and exchanging best practice regarding cyberpatrols, which is a modern tool against crime on Internet, enabling information on nicknames to be shared on a European scale in accordance with domestic laws on the data exchange;
• resorting to joint investigation and enquiry teams;
• finding a solution to the problems caused by electronic networks roaming and by the anonymous character of prepaid telecommunication products;
b) in the medium term
• exchanging on the mechanisms for blocking and/or closing down child pornography sites in Member States. Service providers should be encouraged to adopt these measures.
If necessary, the European platform could be a tool for establishing a common blacklist;
• facilitating remote searches if provided for under national law, enabling investigation teams to have rapid access to information, with the agreement of the host country;
• developing temporary definitions of categories of offences and statistical indicators to encourage the collection of comparable statistics on the various forms of cybercrime, taking into account the work that the European Union is presently doing in this field.
4) INVITES the Commission to assess the progress made in preparing the implementation of the actions provided for in the above mentioned points 2 and 3. Consequently, requests the Member States to inform it of the contributions they make.
5) CALLS for the setting up of additional measures in the longer term within the scope of the next long-term JLS programme (2010-2014).
Cyberpatrol Hausaufgabenliste des Rates
Council Conclusions on a Concerted Work Strategy and Practical Measures Against Cybercrime 2987th JUSTICE and HOME AFFAIRS Council meeting Brussels, 27-28 November 2008: