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Uzone.id – The surge in cybercrime continues to increase. Data shows an average of 14 cybercrime cases occur every second in the international market. Several researchers released the World Cybercrime Index (WCI) through publication in the journal PLOS One.
Based on three years of research, data was compiled that Russia, Ukraine, and China occupy the top three positions for countries with the most significant cybercrime threat in the world.
This significant increase in cybercrimes will undoubtedly pose new challenges for law enforcement agencies worldwide. To combat this transnational threat, international cooperation is needed, including in the extradition process of cybercriminals.
Extradition is a legal process when one country hands over an individual suspected of having committed a criminal act or has been sentenced by another country’s court to the applicant country to be tried or serve a sentence. Several international legal instruments provide a framework that discusses the extradition of cybercriminals as follows:
Budapest Convention on Cybercrime
The Budapest Convention on Cybercrime is an international agreement designed to address the challenges of cybercrime. The convention has more than 60 member countries, including the United States, Japan, Australia, and Canada.
This convention has an essential role in resolving cybercrime cases by providing each member state with the same legal framework to facilitate international cooperation, provide a mechanism for information exchange, and regulate extradition procedures for perpetrators.
The Budapest Convention on Cybercrime contains 48 articles that regulate criminal acts involving computer systems and networks, including violations of system integrity, online distribution of child pornography, and the misuse of technological devices.
In Article 24, the Budapest Conference states that extradition can be carried out for cybercrimes if the crime is recognized in the law of the country involved or the principle of dual criminality.
Mutual Legal Assistance Treaty (MLAT)
MLAT is an international agreement allowing related countries to assist each other during investigations, evidence collection, and legal proceedings involving cross-border criminal offenses.
When crimes occur in cyberspace, MLAT is often used to access electronic evidence such as server data, communication recordings, and activity logs. One of the most famous cases solved by MLAT was during the WannaCry ransomware attack in May 2017.
The ransomware attack managed to disable computer systems on more than 230,000 computers worldwide, including those operating in hospitals, companies, and government institutions. When the attack spread outside Europe, it is estimated that computer systems in 150 countries were paralyzed.
During the attack, the perpetrators held the user’s files hostage and demanded a ransom of $300 worth of bitcoins, which they then increased to $600 worth of bitcoins. It is estimated that this cybercrime caused a loss of $4 billion worldwide.
In its solution, the United States then enlisted help from other countries, such as the United Kingdom and China, to track down the servers and data storage used by the perpetrators. After being investigated, it turned out that the attack’s perpetrators were allegedly a group of hackers referred to as Shadow Brokers.
In addition to the Budapest Convention on Cybercrime and the Mutual Legal Assistance Treaty, several other international treaties and organizations play an important role in the fight against cybercrime.
International Criminal Police Organization (Interpol)
Interpol has a Cybercrime Directorate division that specializes in arresting online criminals, handling cybercrimes such as ransomware, phishing, and online fraud, and protecting critical infrastructure.
One of Interpol’s most recent and well-known cybercrime cases was the Night Fury operation in 2020. This case targeted an e-commerce website in ASEAN, which led to the arrest of three people from Indonesia who were suspected of being command server administrators.
To support law enforcement in the fight against cybercrime, Interpol also provides various other tools and programs such as the Cyber Fusion Centre, Cybercrime Knowledge Exchange (CKE), Cybercrime Capacity Building Program, and Global Cybercrime Expert Group.
European Union Agency for Law Enforcement Cooperation (Europol)
One of Europol’s main tasks is dealing with cybercrime in the European Union.
The agency acts as a center for coordination and technical support for law enforcement in EU countries in the fight against cyber threats. Europol has a unique special crime to deal with cybercrime, namely the European Cybercrime Centre (EC3).
This division is responsible for various cyber attack activities, including ransomware attacks, illegal drug and weapons trafficking, and Distributed Denial of Service (DDoS) attacks.
