Cybercrime

Programme on “Strengthening the Rule of Law in the Arab States –
Project on the Modernization of Public Prosecution Offices”

Regional Conference Booklet on:

“CyberCrime”

19-20 June, 2007
Kingdom of Morocco

TABLE OF CONTENTS

Foreword

5

Agenda

9

Presentations
Cyber Crime -New Matter or Different Category? Legal Harmonization Is the Only
Way. Mr. Ehab MaherEl-Sonbaty

15

Crimes related to the Gratifying Desire to Use the Computer. Mr. Khaled Muhieddine Ahmad

32

Specific Crimes: Offences Related to Child Pornography and those related to Infringements of Copyright and Related Rights: Definition and Forms. Ms. Christina
Schulman

35

Legislative Confrontation of Cybercrimes in light of International and National Legislation. Ms. Sina’ AbdullahMohsen

45

International Standards related to Cybercrime. Ms. Christina Schulman

53

Cybercrime in Moroccan Legislation. Mr. Abdel Razzak Sindali

59

Human Resources Capacity Building in Investigations, Prosecution and Trials on
Cybercrimes. Mr. Khaled Saleh Kaid Al Mawri

69

Human Resources Capacity Building in Investigations, Prosecution and Trials on
Cybercrimes: PracticalApplications. Mr. Nassib Elia and Mr. Jamal Abdallah

74

CyberCrime: The Challenge for Law Enforcemen. Mr. Tyner Russell

79

L’importance de la Collaboration Internationale et L’expérience Belgedans L’échange
d’informations Policières et de Coopération Judiciaire. Mr. Jean-Francois Henrotte

85

The Importance of International Cooperation in Preventing Cybercrime. Mr. Tyner
Russell102

Prevention Measures and International Cooperation to Combat Cybercrime. Ms.
Christina Schulman

108

Recommendations

117

FOREwORd

Cyber crime is a serious phenomenon threatening the security of societies and the international community as a whole. International cooperation has been particularly active to face this
dangerous plague, to determine preemptive measures andpunish the perpetrators. Since information and communication technologies, currently representing the basic infrastructure for
all computer-based facilities, have become global media of communication used by states and
companies alike, ignoring these technologies is tantamount to excluding oneself from the international community.
Tackling cyber crimes is then crucial, since individuals,institutions and even governments are
further exposed to these crimes; cyber crime is, in fact, committed on a larger scale than conventional crime. At a time of technological progress, society is increasingly aware of its potentially negative repercussions. As information and communication technologies provide major
platforms for transactions, government and company infrastructure become potentialvictims
of cyber crime. This crime is also drawing near individuals, threatening their personal data in
banks or government institutions. While technology has largely contributed to progress and
development, it also led, one way or another, to the development of new ways to commit crime
through electronic means. Hence, criminals took advantage of technology and exploited cyberspace and thecomputer to commit crimes.
Cyber crimes are defined as criminal actions resulting from or committed through information technology, the computer or any other electronic means. Experts from the OECD define
cyber crime as “any illegal, unethical, or unauthorized behavior involving the transmission or
automatic processing of data”1 . Based on these definitions, the computer can be a tool for
crime suchas theft and fraud, a channel or a location of crime such as data destruction, and
an object of crime such as the theft of computer chips. The computer can then be used to commit a conventional crime such as individual or mechanical fraud, phishing, stealing patterns of
invention, counterfeiting or facilitating prostitution. It can also be used to commit unconventional
crimes such as website...