Cyber criminal court 'needed'

Judge Schjolberg
Judge Schjolberg
Although the first definition of cybercrime was developed in 1979, the dominance of digital technology now is such that an independent criminal court or tribunal for cyberspace "is urgently needed".

A Norwegian judge who has been studying cybercrime for the past 30 years addressed guests at the 2012 International Criminal Law Congress in Queenstown yesterday and outlined for the first time publicly how such a tribunal, similar to war crimes tribunals, would be structured.

Judge Stein Schjolberg said global justice is needed to "take measures against global cyberattacks of the most serious global concern".

"Currently an International Criminal Tribunal for Cyberspace may be the only global alternative."

He recommended the United Nations Security Council should establish a tribunal for the investigation, prosecution and sentencing of global cyberattacks, under Chapter Seven of the United Nations Charter.

He said the prosecutor's office should be assisted by Interpol Global Complex for Innovation and a Global Virtual Task Force working with the private sector in order to combat global cybercrimes as they happen.

He denied the highly-publicised trial of Kim Dotcom for breaching copyright law could be classed as cybercrime, but said it was up to individual countries to define their cybercrime.

Various international "working groups", such as the EastWest Institute Cybercrime Legal Working Group which Judge Schjolberg co-chairs, have been working to establish new responses to the crime.

"All these working groups are going to present their recommendations this year or next year ... 2013 will be a very exciting year for the possibility of global solutions," he said.

Interpol's website says cybercrime is one of the fastest growing areas of criminal activity and cybercriminals were able to exploit the speed, convenience and anonymity cybercrime provided.

 

 

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