ISSN 1020-914X

UNAFEI

NEWSLETTER
UNAFEI

UNITED NATIONS ASIA AND FAR EASTINSTITUTE FOR THE PREVENTION OF CRIME
AND THE TREATMENT OF OFFENDERS

No. 147
June 2015

Established1961
IN THIS ISSUE



Page

LETTER FROM THE DIRECTOR

1

THE 160th INTERNATIONAL TRAINING COURSE

3

THE STATE OF CYBERCRIME: CURRENT ISSUES AND COUNTERMEASURES
Course Rationale
Course Summary
Lecture Topics
Individual Presentation Topics
Group Workshop Sessions
Observation Visits
Group Study Tours
Special Events
Reference Materials
Expert and Participant List

3
7
8
11
14
17
18
19
20
22

INFORMATION ABOUT FORTHCOMING PROGRAMMESThe Joint Study on the Legal Systems of Japan and Viet Nam
The161st International Training Course
The Seminar on Promoting Community-Based Treatment in the ASEAN Region
The 18th UNAFEI UNCAC Training Programme
The Ninth Regional Seminar on Good Governance for Southeast Asian Countries
The Training Programme on Legal Technical Assistance for Viet Nam

26
26
26
26
26
26
26

ADMINISTRATIVE NEWS
Faculty Changes
Overseas Trips by Staff
FACULTY AND STAFF OF UNAFEI

27
27
27
29

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

1-26, HARUMI-CHO, FUCHU, TOKYO 183-0057, JAPANTEL: 81-42-333-7021 ◆ FAX: 81-42-333-4656 ◆ E-MAIL: unafei@moj.go.jp
HOME PAGE: http://www.unafei.or.jp/

1
LETTER FROM THE DIRECTOR
It is my privilege to inform readers of the successful completion of the 160th International Training Course on “The State of Cybercrime: Current Issues and Countermeasures”,
which took place from 13 May to 17 June 2015. In this Course, we welcomed 7 Japanese participants and 22 overseas participants: 12 from Asia, 3 from Africa, 3 from the Americas, 2from Europe and 2 from Oceania. The participants included judges, prosecutors, law enforcement officers, and other public officials. As this newsletter demonstrates, the Course wasextremely productive. It consisted of lectures by visiting experts, ad hoc lecturers, and faculty
members, individual presentations, visits to relevant criminal justice agencies, and groupworkshop and plenary sessions.
In 2001, 30 countries, including Japan, signed the Convention on Cybercrime. The Convention aimed to counter cybercrime by harmonizing criminal legislation and establishingcloser international cooperation. Nevertheless, criminal justice practitioners from developed
and developing countries alike still face numerous challenges in the investigation and prosecution of cybercrime. These challenges include rapidly changing technology, the anonymity ofcybercriminals and the borderless nature of cybercrime.
UNAFEI, as one of the institutes of the United Nations Crime Prevention and Criminal
Justice Programme Network, held this Course to offer participants an opportunity to clarify
and analyse the current situation of cybercrime in each participating country and to explore
more effective ways to combat it. Additionally, the participants were able to share experiences,
gain knowledge, and build a human network of counterparts.
During the Course, the participants diligently and comprehensively examined the course
theme, primarily through a comparative analysis. The participants shared their own experiences and knowledge of the issues and identified problems and areas in which improvements
could be made. With the academic and practical input from the visiting experts, ad hoc
lecturers and UNAFEI faculty―and the in-depth discussions they had with each other―theparticipants are now better equipped to cope with the challenges of cybercrime.
I would like to offer my sincere congratulations to all of the participants upon their successful completion of the Course, made possible by their strenuous efforts. My heartfelt
gratitude goes out to the visiting experts and ad hoc lecturers who contributed a great deal to
the Course’s success. Furthermore, I appreciate the indispensable assistance and cooperation
extended to UNAFEI by various agencies and institutions that helped diversify the Course.
I would also like to express my great appreciation to the Japan International Cooperation
Agency (JICA) for its immeasurable support throughout the Course. At the same time, a warm
tribute must be paid to the Asia Crime Prevention Foundation (ACPF) and its branch organizations for their substantial contributions to our activities. Lastly, I owe my gratitude to all theindividuals whose unselfish efforts behind the scenes contributed significantly to the successful
realization of this Course.
Upon returning to their home countries, I genuinely believe that, like their predecessors,
the strong determination and dedication of the participants will enable them to work towards
the improvement of their respective nations’ criminal justice systems, and towards the benefit
of international society as a whole.

2
Finally, I would like to reiterate my best regards to the participants of the 160th International Training Course. I hope that the experience they gained during the Course proves
valuable in their daily work and that the bonds fostered among the participants, visiting experts
and UNAFEI staff will continue to grow for many years to come.
June 2015

YAMASHITA, Terutoshi
Director, UNAFEI

3
THE 160TH INTERNATIONAL TRAINING COURSETHE STATE OF CYBERCRIME: CURRENT ISSUES AND COUNTERMEASURES
Course Rationale

The spread and development of information and communication technologies (ICT) istransforming society and human life drastically and fundamentally. The Internet not only
provides people with access to information from all over the world in an instant but also has
become a forum for self-expression, socializing and business, including as a means of settling
payments. “Cyberspace”, including the Internet, has developed and expanded rapidly, and now
it has become an essential element of various social and economic activities. Although the development and expansion of cyberspace has brought great convenience and benefits, it has also
produced cybercrime, which causes grave damage.
Cybercrime was defined in this training course as crimes in which computers orcomputer networks are the target (e.g., unauthorized access and damage to, or the modificationof, computer data or programmes) or the instrument used to commit the crime (e.g., fraud,
forgery, child pornography, defamation, and infringement of intellectual property). Cybercrime
is committed by taking advantage of the characteristics of cyberspace: anonymity, diffusion,lack of traceability, lack of time constraints and lack of restrictions on place; and it can cause
grave damage to many people in an instant.
Cybercrime is also borderless, and it will continue to increase as cross-border computer
networks have made striking progress by the rapid spread of mobility, such as through smartphones and development of cloud computing. Moreover, cybercriminals exploit computer
terminals in developing countries which have insufficient security measures as platforms tocommit crimes in the other countries. Therefore, international support for developing countries
is one of the greatest concerns throughout the world. In view of the current state of affairs,
many efforts have been made at various levels for international harmonization or cooperation
to tackle the issue.
a.

Efforts by the United Nations
Beginning with the Eighth United Nations Congress on the Prevention of Crime and theTreatment of Offenders in 1990, the United Nations has been actively involved in addressing
various aspects of computer-related developments. In 1994, the United Nations Manual on thePrevention and Control of Computer-related Crime was published. Through its resolutions on
Combating the Criminal Misuse of Information Technology (55/63 (2000) and 56/121 (2001)),
the UN General Assembly invited States to take into account measures to combat computer
misuse. In December 2010, the First Committee of the United Nations General Assembly established the Group of Governmental Experts on Developments in the Field of Information
and Telecommunications in the Context of International Security. From October 2012 to June
2013, that group discussed norms, rules and principles of responsible behaviour by States,
confidence-building measures and the exchange of information, and capacity-building
measures regarding cyberspace.

4
b.
(i)

Other International Efforts
Convention on Cybercrime
The Convention on Cybercrime, the world’s first convention against computer crime,
was established and adopted at the Council of Europe (CE) in 2001. After the Convention was
adopted at the Committee of Ministers, the signing ceremony was held in Budapest, Hungary
in November 2001, and 30 countries, including Japan, signed the Convention at the ceremony.
The purpose of the Convention on Cybercrime is to create an international framework
for the prevention and suppression of cross-border cybercrime. The Convention provides thatthe signatory countries shall establish substantive criminal laws (such as a law criminalizing
the production of computer viruses), establish criminal procedure laws (such as a law empowering investigating authorities to execute the protection, search, and seizure of computer data),
and cooperate internationally in the extradition of criminals. As of December 2014, 44
countries have ratified or acceded to the Convention.
(ii)

Efforts by the G8 Subgroup on High-Tech Crime
In 1997, the G8 established the Subgroup on High-Tech Crime under the framework of agroup of senior experts on transnational organized crime, known as the Lyon Group, andadopted the Principles and Action Plan to combat High-tech Crime, aiming to ensure international cooperation and the improvement of legal systems in the participating countries. The G8Subgroup on High-Tech Crime established and expanded 24-hour contacts for international
high-tech and computer-related crime, a list of computer crime units available to law enforcement agencies 24 hours a day, seven days a week.
(iii) Efforts by the International Criminal Police Organization (ICPO)The ICPO established The INTERPOL Global Complex for Innovation in Singapore in
September 2014, which emphasizes: innovative research and development for identification ofcrimes and criminals and enhancing the database capability, capacity building and training forinvestigators in the field of cybercrime, 24-hour operational support to police. Further, the ICPO
has built a framework to support the investigation of cybercrime worldwide.
(iv)

International Conferences
In 2011, the London Conference on Cyberspace brought together ministers, senior government officials, industry leaders, and representatives of the Internet technical community andcivil society. In all, more than 700 participants from 60 countries took part. In this conference,
they identified cybercrime as a significant threat to economic and social well-being, and as one
which requires a concrete and urgent international effort, they must work collectively to tackle
the threat of cybercrime and ensure there is no safe haven for those who commit cybercrime.
Following this conference, the 2012 Budapest Conference on Cyberspace and the 2013 Seoul
Conference on Cyberspace were held. The “Seoul Framework for and Commitment to Openand Secure Cyberspace” was issued at the Seoul Conference on Cyberspace.
In order to deter cybercrime and tackle it effectively, it is important that frontline
criminal investigators share their knowledge on cybercrime and digital forensics. If investigators do not have such basic knowledge, they will have difficulties tracing cybercrime offenders
and collecting and preserving evidence. Moreover, there is a real possibility that they will not
be able to recognize the occurrence of cybercrime and the damages that arise from it. They
also must understand the necessity of due process, as cybercrime investigations are often confronted with issues such as the right of privacy. Additionally, investigators must be familiar
with possible measures of international cooperation and with its procedures because informa-

5tion sharing and mutual legal assistance are indispensable in view of the cross-jurisdictional
nature of cybercrime.
Cybercrime causes various problems during the prosecution and trial stages. Prosecutors
must properly charge cybercrime after careful evaluation and analysis of digital evidence. To
do so, they must have adequate knowledge of the characteristics of cybercrime. Prosecutors
must also prove their cases in court by making effective use of digital evidence. Likewise,
judges have to determine the facts of the case with a proper understanding of digital evidence,and they must determine the appropriate sentencing by considering the damages caused by cybercrime. Often these damages are significant, but they are hard to detect.
It is not necessarily for criminal justice officials to have high levels of expert knowledge
or advanced technology. There is no doubt that the training for the experts who specialize inthe field of cybercrime is extremely important and an urgent matter for the every country. At
the same time, many criminal justice officials must have basic knowledge and use appropriate
measures to tackle cybercrime in general as cybercrime is no longer a rare crime but a commonand daily crime which is rampant in society. Criminal justice officials who have basic
knowledge of cybercrime can seek assistance from experts at every stage of the criminal
justice system, and that is the best way to tackle cybercrime.
Therefore, the aim of this training course was that participants would gain the basic
knowledge and techniques necessary for their daily duties and that they would learn torecognize the threats and characteristics of cybercrime, which will ultimately improve the investigation, prosecution and adjudication of cybercrime. Moreover, they would be able toestablish an effective multinational network of criminal justice professionals through this international training course.
Objectives of the Course
The purpose of this training course was to offer participants an opportunity to share experiences and knowledge regarding measures for tackling cybercrime. In order to achieve thispurpose, the training course provided an opportunity to clarify the current situations andproblems existing in the participating countries in the field of measures against cybercrime.
The participants also built their knowledge of possible ways to enhance measures for tacklingcybercrime at all stages of the criminal justice process. Among the major topics studied were
the following:
Key Topics of the Course
The following are key topics that were addressed during the Course:
1.

The characteristics of cybercrime around the world.
1) Types of cybercrime and modus operandi2) Damages caused by cybercrime2.

Basic knowledge of computer networks
1) Basic elements of storage devices and computer networks2) Basic elements of security systems3) Basic techniques for unauthorized computer access and hacking

3.

Issues in the investigation, prosecution and adjudication of cybercrime61) Initial information gathering(a) Cyberpatrols(b) Reporting systems (establishment of hotline call centers etc.)
2) Tracing and identifying criminals, preserving and collecting evidence(a) Tracing and identifying by IP address and other measures(b) Fair and timely search, seizure and preservation of digital evidence(c) Real-time collection of traffic data, interception of content data(d) Technical analysis of digital data
3) Prosecution(a) Appropriate evaluation of digital evidence(b) Identifying criminal acts and proper selection of cybercrime charges
4) Adjudication(a) Issues concerning the law of evidence(b) Clear presentation of digital evidence(c) Legal elements necessary to obtain conviction
4.

International cooperation
1) International assistance in investigation and joint investigation
2) Extradition
3) Establishment of 24/7 contact point and utilization

5.

Cooperation between the public and private sectors
1) Cooperation with Internet Service Providers
2) Technical assistance for investigation by experts

6.

Capacity building1)	Employment and training of experts who are highly specialized in the field of cybercrime2) Training system for criminal justice officials

Each participant was required to submit an Individual Presentation Paper regarding the abovementioned topics as they apply to his or her country, and to explain and discuss these topics in
his or her individual presentation.

7
Course Summary
Lectures
In total, the participants attended 41 lectures, including 10 presented by the visiting
experts, 5 by ad hoc lecturers and 4 by the faculty of UNAFEI. Four distinguished criminal
justice practitioners served as UNAFEI’s visiting experts. They lectured on issues relating to
the main theme of the Course and contributed significantly beyond their lectures by encouraging discussions after their lectures, participating in the discussions of other programmes, andconversing with the participants on informal occasions. Additionally, the ad hoc lectures weredelivered by officials from the National Police Agency of Japan, the Supreme Public Prosecutor’s Office, and from private sector IT companies. The lecturers and lecture topics are listed
on pages 8 to 10.
Individual Presentations
During the first three weeks, all participants delivered individual presentations which introduced the situation, problems and future prospects of the participants’ countries. Thesepapers were compiled onto a USB memory stick and distributed to all the participants. The
titles of these individual presentation papers are listed on pages 11 to 13.
Group Workshop Sessions
Group workshop sessions provided the participants with the opportunity to further
examine the sub-topics of the main theme. In order to conduct each session effectively, the
UNAFEI faculty selected individuals to serve as group members for the sub-topics, based on
their responses to a previously distributed questionnaire. Selected participants served as chairpersons, co-chairpersons, rapporteurs or co-rapporteurs, and faculty members served asadvisers. Each group’s primary responsibility was to explore and develop their designated
topics in the group workshop sessions. The participants and UNAFEI faculty studied the topics
and exchanged their views based on information obtained through personal experience, the individual presentations, lectures and so forth. After the group workshop sessions, reports weredrafted based on the discussions in their groups. These reports were subsequently presented in
the plenary report-back session, where they were endorsed as the reports of the Course. Briefsummaries of the group workshop reports are provided on pages 14 to 16.
Visits and Special Events
Visits to various agencies and institutions in Japan helped the participants obtain a morepractical understanding of the Japanese criminal justice system. In addition to the Course’s
academic agenda, many activities were arranged to provide a greater understanding ofJapanese society and culture, with the assistance of various organizations and individuals,
including the Asia Crime Prevention Foundation (ACPF). For more detailed descriptions,please refer to pages 17 to 19.

8Lecture Topics

Visiting Experts’ Lectures
1)

Dr. Kim-Kwang Raymond CHOO
• The Cyberthreat Landscape• Contemporary Digital Forensic Investigations

2)

Mr. Fernando FERNANDEZ LAZARO• Current Cybercrime Situation and INTERPOL’s Role & Efforts Combating Cybercrime• Best Practice of Joint International Cybercrime Investigation• Cybercrime trend: malware

3)

Mr. HONDA Yuki
• Current Cybercrime Situation and INTERPOL’s Role & Efforts Combating Cybercrime• Best Practice of Joint International Cybercrime Investigation• Basic OSINT (Open Source Intelligence)• Basic Log Analysis

4)Prof. Dr. Marco GERCKE• International legal framework against cybercrime including the Convention on Cybercrime• Future Challenges on the Legislation against Cybercrime and Countermeasures• Exercise of the mock trial for Cybercrime

UNAFEI Professors’ Lectures
1)

Mr. MORINAGA Taro, Deputy Director, UNAFEI• Basics of Japanese Criminal Procedure92)

Mr. MORIYA Kazuhiko, Professor, UNAFEI• Flow of Criminal Justice Procedure in Japan3)

Mr. KAYA Tomonobu, Professor, UNAFEI• The Criminal Justice System in Japan: Japanese Police

4)Mr. HIROSE Yusuke, Professor, UNAFEI• Japan’s Legislative Response to Cybercrime

5)

Mr. YUKAWA Tsuyoshi, Professor, UNAFEI• International Assistance in Investigation

Ad Hoc Lectures
1)

Mr. KIMURA Kimiya
Superintendent, Assistant Director, Cybercrime Division, National Expert For Cybercrime Investigation, National Police Agency• Countermeasures against Cybercrime
Mr. TANAKA Ryuji
Section Chief/Chief Inspector, Cybercrime Division, National Police Agency• Basic Strategy for Cyber Crime in Japan2)

Mr. SUZUKI Humihito
Network Security Specialist, NI Staff Incorporated• The Fundamentals of Cybersecurity

3)

Mr. NAKANISHI Motohiro
Information-Technology Promotion Agency (IPA), IT Security Center, Technology Headquarters• 10 major Security Threats―Threat Trends and Countermeasures

4)

Mr. SUGIURA KazuhikoSenior Vice President, AOS Legal Tech Inc.
• Digital Forensic Technology in Recent Years

10
5)

Mr. YAMAGUCHI Takaaki
Public Prosecutor, The Public Prosecution Reform Promotion Office, The Supreme
Public Prosecutors Office• Investigation and Prosecution of Cybercrime in Japan (Case Studies)

11
Individual Presentation Topics
Overseas Participants
1)

Mr. Kunlay TENZIN (Bhutan)• The State of Cybercrime in Bhutan

2)

Mr. Werton Magalhaes COSTA (Brazil)• The State of Cybercrime: Current Issues and Countermeasures

3)

Mr. CHAY Chandaravan (Cambodia)• The Current Situation: Issues and Countermeasure

4)

Mr. DIABATE Djakaridja (Cote d’Ivoire)• The State of Cybercrime: Current Issues and Countermeasures

5)

Mr. Joash Odhiambo DACHE (Kenya)• The State of Cybercrime: Current Issues and Countermeasures

6)

Mr. Thurain Aung (Myanmar)• Myanmar’s Current Issues and Countermeasures Relating to Cybercrime7)

Mr. Arjun Prasad KOIRALA (Nepal)• The State of Cybercrime: Current Issues and Countermeasures

8)

Mr. Ramesh Prasad GYAWALI (Nepal)• The State of Cybercrime: Current Issues and Countermeasures

9)

Mr. Emil Oscar GONZALEZ Pinto (Panama)• “The State of Cybercrime” Current Issues and Countermeasures

10)

Ms. Judith Del Socorro GOMEZ SERRANO (Panama)• The State of Cybercrime: Current Issues and Countermeasures in Panama

11)

Mr. Vincent AGUSAVE (Papua New Guinea)• The State of Cybercrime: Current Issues and Countermeasures

12
12)

Ms. Irene Cayetano CENA (Philippines)• Legislation & Criminal Justice Procedure of Cybercrime in the Philippines

13)

Ms. Karla Torres CABEL (Philippines)• Combating Cybercrime in the Philippines

14)

Mr. Faatasi PULEIATA (Samoa)• Cybercrime―Current Issues and Countermeasures

15)

Mr. JEAN BAPTISTE Jeffery Alexis (Seychelles)• Countermeasures Cybercrime• Action Plan for Combating Cybercrime in Seychelles

16)

Mr. Safarbek NURALIEV (Tajikistan)• Cybercrime and the Fight against Cybercrime in the Republic of Tajikistan

17)

Mr. Wasawat CHAWALITTHAMRONG (Thailand)• Dangers of Internet Use

18)

Mr. Thongchai ITTHINITIKUL (Thailand)• Prosecuting Computer-Related Crimes in Thailand

19)

Mr. Ihor SEKHIN Sergeyovich (Ukraine)• The State of Cybercrime: Current Issues and Countermeasures

20)

Ms. Tetiana PAVLIUKOVETS (Ukraine)• Cybercrimes: Privacy versus Security during Evidence Preservation and Collection

21)

Ms. LAI Thi Thu Ha (Viet Nam)
• Cybercrime in Vietnam: Situation and Some Recommendations for Solutions

22)

Ms. NGUYEN Thi Khanh (Viet Nam)• Issues on Cross-National Tracing and Identification of Criminals and Internal Cooperation in Vietnam

13Japanese Participants
23)

Mr. HOSHI Takashi• Investigation of Cybercrime: an Extortion Case with Sexual Intimidation Using Unlawfully Created Electromagnetic Records through the “LINE” Application

24)

Ms. KAWABATA Yuko
• Cybercrime in Japan25)

Mr. SATO Hiroyuki• Laws & Regulations Concerning Cyber Crimes in Japan

26)

Mr. SATO Takeru• Examples of Cybercrime by Individuals and Its Prevention

27)

Mr. TOYAMA Katsuya• Current Situation and Countermeasures against Cyber-Crime (Drug Cases)

28)

Mr. UEHARA Taku
• Japan Coast Guard and Cybercrime at Sea

29)

Ms. URAOKA Naoko• A Cybercrime Case in Japan

14
Group Workshop Sessions
Group 1
EFFECTIVE CYBERCRIME LEGISLATION FROM THE PERSPECTIVE OF
ENFORCEMENT PRACTICES
Chairperson
Mr. Werton Magalhaes COSTA(Brazil)
Co-Chairperson
Mr. Emil GONZALEZ(Panama)Rapporteur
Mr. Joash DACHE(Kenya)Co-Rapporteur
Ms. Yuko KAWABATA(Japan)Members
Mr. Djakaridja DIABATE(Cote d’Ivoire)
Mr. Ramesh Prasad GYAWALI(Nepal)Mr. Vincent AGUSAVE(Papua New Guinea)
Mr. Jeffery JEAN BAPTISTE(Seychelles)
Mr. Ihor SEKHIN(Ukraine)
Mr. Hiroyuki SATO
(Japan)AdviserProf. Yusuke HIROSE(UNAFEI)
Prof. Tsuyoshi YUKAWA(UNAFEI)
Report Summary
Focusing on the development of cybercrime legislation, Group 1 used the Convention
on Cybercrime (the Budapest Convention) as a basis for discussion and formulation of its recommendations. The group reported that four of the nine participating countries have adopted
the Convention and encouraged all states to ratify the Convention as it is the current andforemost global framework on cybercrime.
In considering how long internet service providers should be required to preserve data,
the group noted the difference between data preservation (suspicion of crime) and retention (nosuspicion of crime). The group members concluded that legislation should require the retentionof data for one year; a warrant should be required for data preservation, and the group agreed
with the Convention’s 90-day preservation period, which can be extended.
The group agreed that domestic legislation must provide for the admissibility of digital
evidence. Because this issue is not addressed in the Convention, the group recommended
borrowing strategies from regional cybercrime approaches. Conditions for admitting digital
evidence should (1) require a chain of custody to guarantee authenticity, (2) maintain victim
privacy, and (3) ensure that digital evidence is subjected to forensic examination.
Regarding Internet anonymity, the group agreed that privacy and freedom of expression
must be protected. Thus, in line with the Council of Europe’s Committee of Ministers’ Declaration on Freedom of Communication on the Internet (2003), the group supports Internet
anonymity and noted that a prohibition against such anonymity would be difficult to enforce.
The group members also considered whether Internet users should be forced to disclose encryption keys during criminal prosecutions and unanimously concluded that users should not
be required to do so. The burden of proof is on the prosecution, and the right to remain silent
should not be abridged in cybercrime cases. However, law enforcement should be permitted touse advanced investigation techniques that mitigate the problems posed by data encryption.
In addition to its recommendations above, the group members identified numerous enforcement challenges and proposed measures to address them. The challenges identified were:(1) lack of specialized cybercrime laws in most jurisdictions, (2) lack of adequate sanctions todeter cybercrime, (3) the Convention has not been universally adopted, (4) lack of public–private sector coordination, (5) lack of specialized personnel, (6) prohibitive costs of cybercrime
investigation and enforcement, and (7) lack of international cooperation frameworks thatutilize mutual legal assistance treaties.

15
Group 2MEASURES FOR EFFECTIVE INVESTIGATION, PROSECUTION AND
ADJUDICATION OF CYBERCRIME CASES
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Mr. Chandaravan CHAY
Mr. Faatasi PULEIATA
Ms. Karla Torres CABEL
Ms. Naoko URAOKA
Mr. Arjun Prasad KOIRALA
Ms. Judith GOMEZ
Mr. Safarbek NURALIEV
Mr. Thongchai ITTHINITIKUL
Ms. Thi Thu Ha LAI
Mr. Takashi HOSHI
Prof. Kazuhiko MORIYA
Prof. Tsuyoshi YUKAWA(Cambodia)(Samoa)(Philippines)(Japan)(Nepal)(Panama)(Tajikistan)(Thailand)(Viet Nam)
(Japan)(UNAFEI)(UNAFEI)

Report SummaryGroup 2 considered the investigation, prosecution and adjudication of cybercrime casesby engaging in an intensive review of the current practices in each of the participating
countries and by identifying challenges to overcome and approaches and measures to improvecurrent practices. In summarizing their discussions, the group focused on effective measures
for: (1) generating cybercrime leads, (2) identifying criminals and collecting evidence, and (3)prosecution and adjudication.
A majority of the group members reported that their countries do not conduct cyberpatrolling; members whose countries do conduct cyberpatrolling reported that the private sector
is often reluctant to voluntarily submit data records to investigators due to customer-privacy
concerns. The group concluded that all countries should adopt laws requiring service providers
to furnish necessary information to authorities. All members agreed that it is critical for investigators who receive or generate leads on cybercrime to have sufficient technical skills.
When identifying criminals and collecting evidence of cybercrime, the group agreed thatobtaining information such as IP addresses and SIM cards is necessary but not sufficientevidence. IP addresses are often only the beginning of the investigation because perpetrators
use proxy servers, TOR onion routers and applications to immediately erase access logs.
Requiring registration of SIM cards and the use of cybercrime experts, international cooperation and traditional investigation methods are also necessary to trace cybercriminals.
Regarding prosecution and adjudication, common challenges include document authentication and chain of custody issues; the inadequacy of existing criminal procedure laws at
handling cybercrime evidence; and delays in the prosecution of cybercrime cases due to theneed for expert witnesses. Solutions to these problems include the adoption of specialized cybercrime laws and procedures, access to forensic laboratories, specialized training for criminal
justice professionals and collaboration between prosecutors and expert witnesses to present thecybercrime evidence clearly and simply in court.
The group concluded that there are four key elements to proper investigation, prosecution and adjudication of cybercrime: (1) capacity building of relevant criminal justice professionals; (2) improving public awareness of cybercrime, which involves recognizing andreporting cybercrime to the relevant governmental contact point; (3) encouraging public–private partnerships to collect evidence and share investigation techniques; and (4) enhanced international cooperation coupled with the harmonization of legislation on cybercrime. In
addition to the recommendations above, many others were detailed in the group workshop
report, which will be published in a forthcoming issue of UNAFEI’s Resource Material Series.

16Group 3
EFFECTIVE MEASURES FOR STRENGTHENING THE SYSTEM FOR
SUPPRESSION AND PREVENTION OF CYBERCRIME
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Ms. Tetiana PAVLIUKOVETS(Ukraine)
Mr. Takeru SATO
(Japan)Ms. Irene Cayetano CENA
(Philippines)
Ms. Thi Khanh NGUYEN(Viet Nam)
Mr. Kunlay TENZIN(Bhutan)
Mr. Thurain AUNG
(Myanmar)Mr. Wasawat CHAWALITTHAMRONG (Thailand)
Mr. Katsuya TOYAMA(Japan)Mr. Taku UEHARA(Japan)Prof. Ayuko WATANABE(UNAFEI)
Prof. Tsuyoshi YUKAWA(UNAFEI)

Report Summary
Addressing the topic of suppression and prevention of cybercrime, Group 3 discussed
the following issues: (1) establishment of special organizations or units against cybercrime andmeasures of capacity building for criminal justice practitioners, (2) facilitating international,
regional and domestic cooperation among cybercrime agencies, and (3) facilitating public–private partnerships against cybercrime.
Most of the group members agreed that forensic laboratories and other specialized cybercrime units are necessary to handle the complexity of cybercrime cases, but some groupmembers expressed concerns over the organization and administration of such units, as well as
conflicts that may result from the overlapping functions of other governmental agencies.
Regarding capacity building, the group members agreed that two levels of training should beoffered. First, all cyber-practitioners, including police officers and other first responders,should be trained on basic knowledge for handling cybercrime cases and to preserve evidenceof cybercrime so that it will be admissible in court. Second, specialized training and certification is necessary for experts who conduct cybercrime investigations.
To coordinate the suppression of cybercrime, the group recommended the establishmentof a 24/7 point of contact on the international level that operates in line with the Convention
on Cybercrime (the Budapest Convention). In addition to accepting reports of cybercrime fromgovernments and the general public, the centre could share cybercrime intelligence reports andother relevant information. All members of the group agreed that greater cooperation between
investigative agencies and digital forensic laboratories is necessary, but there was no consensus
on the need for the expertise of private institutions. The debate focused on the perception thatprivate institutions offer the advantage of technical expertise but raised concerns over chain ofcustody issues involved in relying on a third party analysis of potential cybercrime evidence.
The group agreed that public–private partnerships are essential to the suppression andprevention of cybercrime, and recommended a broad cooperation strategy involving internet
service providers (ISPs), telecommunications companies (TELCOs), cooperation with universities and research groups, and enhanced public awareness of cybercrime. The group’s recommendations included, among others: (1) requiring international regulation for all ISPs and astrict policy of regulatory permitting to ensure compliance; (2) requiring ISPs to preserve
traffic data for at least 90 days with the possibility of extending the preservation requirement;(3) requiring TELCOs to register SIM cards to prevent criminals from concealing their identities; (4) the creation of CERT or CSIRT in each country in cooperation with the private sector.
The group concluded that although cybercrime will persist, governments, the private sector
and citizens must work together to suppress cybercrime.

17
Observation Visits

Date

Agency/Institution

Main Persons Concerned

20 MayMinistry of Justice		• Ms. KAMIKAWA Yoko
(Minister of Justice)

26 MayInternet Hotline Centre		• Ms. ITO Yoko
(Deputy Head)

29 MayYokohama District Court		• Ms. HASHIMOTO Tomoko(Senior Officer)

5 Jun.

• Mr. HIRAKAWA Toshihisa(Section Chief)

Metropolitan Police Department
Network Crime Investigation
Advisory Section

18Group Study Tours

Date

Location

Agency/Institution

Main Persons Concerned

10 Jun.
Hiroshima						

6th Regional
Headquarters’
Operations CommandCenter• Mr. NISHIMURA Noriaki(Commander)

11 Jun.
Kyoto
		
		

Kyoto District
Public Prosecutors
Office• Mr. OTANI Kodai(Commander)

12 Jun.
Kyoto
		Kyoto Prefectural
Police19
Special Events

Welcome Party     13 May	 15, 18, 19 May	 Japanese Conversation Classes        The overseas participants attended three Japanese conversation classes and learned
practical Japanese expressions. The sensei (teachers) were Ms. KOIKE Keiko and Ms. NAGAIYae from EP Academy.
20 May	 Courtesy Call to the Minister of Justice     andReception by the Vice-Minister of Justice

At the conclusion of their courtesy visit to the Minister of Justice, Ms. KAMIKAWA
Yoko, a reception was held for the participants by the Vice-Minister of Justice, Mr. INADA
Nobuo, at the Danwa-shitsu lounge on the 20th floor of the ministry building, overlooking
Hibiya Park.
22 May	 UNAFEI International Table Tennis Tournament     The UNAFEI Table Tennis Tournament was held in the auditorium. Mixed teams of international participants, Japanese participants and UNAFEI faculty and staff were formed, andcompeted against each other. All participants, faculty and staff celebrated later in Lounge B.
23 May	 Grand Sumo Tournament Visit and ACPF Kisei Branch Party     Following a tour of Ryogoku, including a visit to the Edo-Tokyo Museum, the participants attended the Grand Sumo Tournament at the Ryogoku Kokugikan in Tokyo. They later
enjoyed a party hosted by the Kisei Branch of the ACPF held at the Daiichi Ryogoku Hotel.
29 May	 Yokohama Dinner Cruise     The participants enjoyed a sunset cruise and dinner aboard the Marine Rouge, hosted by
the ACPF Yokohama branch.
3 Jun. 	 

The Way of Tea (Tea Ceremony)     The participants participated in a “cha-no-yu” or “sado”, a formal Japanese tea
ceremony, kindly hosted by Soroptimist International Tokyo, Fuchu.
17 Jun.	 

Farewell Party     A party was held to bid farewell to the participants.

20
Reference Materials
UNAFEI 160TH INTERNATIONAL TRAINING COURSE
LIST OF REFERENCE MATERIALSA.

International Telecommunications Union
A-1 Understanding Cybercrime: Phenomena, Challenges and Legal Response (Prof. Dr.
Marco Gercke, 2014)

B.

United Nations
B-1 UN Manual on the Prevention and Control of Computer-related Crime (1994)
B-2 Combating the Criminal Misuse of Information Technologies (General Assembly
Resolution 55/63, 2001)
B-3 Working Paper for the 12th UN Congress (2010)
B-4 12th UN Congress on Crime Prevention and Criminal Justice (General Assembly
Resolution 65/230, 2011)
B-5 Background Paper for the Workshop 3 of the 13th UN Congress (2015)
B-6 Group of Governmental Experts on Developments in the Field of Information andTelecommunications in the Context of International Security
B-7 UN Convention against Transnational Organized Crime (2004)

C.

Council of Europe
C-1 Convention on Cybercrime (2001)
C-2 Explanatory Report of Convention on Cybercrime
C-3 Additional Protocol to the Convention on Cybercrime, Concerning the Criminalization of Acts of a Racist and Xenophobic Nature Committed through Computer
Systems (2003)
C-4 Explanatory Report of the Additional Protocol (2-3)
C-5 Guidelines for the Cooperation between Law Enforcement and Internet Service
Providers against Cybercrime (2008)
C-6 T-CY (Cybercrime Convention Committee) Guidance Notes (2014)

D.

Other
D-1 Commonwealth Model Law on Computer and Computer Related Crime (2002)
D-2 African Union Convention on Cyber Security and Personal Data Protection (2011)
D-3 Materials related Dr. Kim-Kwang Raymond Choo (1-23, Data only)
1 IT standards and guides do not adequately prepare IT practitioners to appear as
expert witnesses: An Australian perspective
2 The cyber threat landscape: Challenges and future research directions
3 Cloud computing and its implications for cybercrime investigations in Australia
4 Bridging the Air Gap: Inaudible Data Exfiltration by Insiders
5 Forensic Analysis of Windows Thumbcache files
6 Always connected, but are smart mobile users getting more security savvy? A
survey of smart mobile device users
7 Online child exploitation: Challenges and future research directions
8 Impacts of increasing volume of digital forensic data: A survey and future
research challenges
9 Distributed filesystem forensics: XtreemFS as a case study
10 Building the next generation of cyber security professionals

21
11
12
13
14
15
16
17
18
19
20
21
22
23
E.

Should there be a new body of law for cyber space?
iOS anti-forensics: How can we securely conceal, delete and insert data?
Windows event forensic process
The Oxford handbook of organized crime
Data reduction and data mining framework for digital forensic evidence:
Storage, intelligence, review and archive
Enforcing file system permissions on Android external storage
Remote Programmatic vCloud Forensics
Mobile Cloud Storage Users
A survey of information security incident handling in the cloudExfiltrating data from Android devices
Cyber security readiness in the South Australian Government
A generic process to identify vulnerabilities and design weaknesses in iOS
healthcare apps
Cloud Attack and Risk Assessment Taxonomy

Legislation of Japan
E-1 Penal CodeE-2-1 Code of Criminal Procedure (Part 1 and Part 2)
E-2-2 Code of Criminal procedure (Part 3)
E-3 Act on Prohibition of Unauthorized Computer Access
E-4 Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children
E-5 Copyright Act
E-6 Unfair Competition Prevention Act

22
Expert and Participant List
Visiting Experts
Dr. Kim-Kwang Raymond CHOO

Senior Lecturer
University of South Australia
Australia

Mr. Fernando FERNANDEZ LAZARO

Coordinator
Digital Forensics Laboratory,
INTERPOL Digital Crime Centre,
INTERPOL Global Complex for
Innovation (IGCI)
Singapore

Mr. HONDA Yuki

Digital Crime Officer
Cyber Fusion Centre, Digital
Crime Investigative Support Sub
Directorate, INTERPOL Digital
Crime Centre, INTERPOL Global
Complex for Innovation (IGCI)
Japan

Prof. Dr. Marco GERCKE

Director
Cybercrime Research InstituteGermany

Overseas Participants
Mr. Kunlay TENZIN

Legal Officer
Legal Division, Crime and Operations, Royal
Bhutan Police
BhutanMr. Werton Magalhaes COSTA

Federal Prosecutor Centre
Federal Prosecutor Office in the State of Paraiba,
Federal Public Prosecution Service in Brazil
Brazil23
Mr. CHAY Chandaravan

Judge
Civil and Criminal Division, Court of Appeal
Cambodia

Mr. DIABATE Djakaridja

Judge of Investigation
Court of Justice of Yopougon/Abidjan, Ministry ofJustice, Human Rights and Public Liberties
Cote d’Ivoire

Mr. Joash Odhiambo DACHESecretary/CEO
Kenya Law Reform Commission
Kenya

Mr. Thurain Aung

Senior Investigator (Staff Officer)
Nay Pyi Taw Region Division, Seconded to
Financial Intelligence Unit, Bureau of Special
Investigation
MyanmarMr. Arjun Prasad KOIRALA

District Judge
Lalitpur District Court
Nepal

Mr. Ramesh Prasad GYAWALIDistrict Judge
Bajhang District Court
Nepal

Mr. Emil Oscar GONZALEZ Pinto

LawyerLegal Assessor Department, National Police
PanamaMs. Judith Del Socorro GOMEZSERRANO

District Attorney
Public Ministry
PanamaMr. Vincent AGUSAVE

Solicitor in Charge-Goroka
Public Solicitor’s Office, PNG Government
Papua New Guinea

24
Ms. Irene Cayetano CENA

Chief, Cyber Security Section
Anti-Cybercrime Group, Philippine National Police
Philippines

Ms. Karla Torres CABEL

Prosecution Attorney II
National Prosecution Service, Department of Justice
Philippines

Mr. Faatasi PULEIATA

Deputy Registrar of Court
Civil & Criminal Courts, Ministry of Justice andCourts Administration
Samoa

Mr. JEAN BAPTISTE Jeffery Alexis

Assistant Superintendent
Criminal Investigation Division, Seychelles Police
Force
Seychelles

Mr. Safarbek NURALIEV

Judge
Ismoili Somoni District Court of Dushanbe City
Tajikistan

Mr. Wasawat
CHAWALITTHAMRONG

Head of Technology and Cyber Crime
Sector 1
Department of Special Investigation/Bureau ofTechnology and Cyber Crime, Ministry of Justice
Thailand

Mr. Thongchai ITTHINITIKULDivisional Public Prosecutor
Executive Director’s Office of Criminal
Litigation 10, Office of the Attorney General
ThailandMr. Ihor SEKHIN Sergeyovich

Prosecutor
Department of Criminal Investigations Supervision,
Prosecutor’s Office of Transcarpathian Region
Ukraine25
Ms. Tetiana PAVLIUKOVETS

Prosecutor, Head of Department
Department of Criminal Investigations Supervision,
Prosecutor’s Office of Rivne Region
UkraineMs. LAI Thi Thu Ha

Senior Procurator-Assistant, Manager ofDivision for Scientific Management
Institute for Procuratorial Science, Supreme
People’s Procuracy
Viet Nam

Ms. NGUYEN Thi Khanh

Lecturer
International Law Department, The University ofProsecution, Supreme People’s Procuracy
Viet Nam

26
INFORMATION ABOUT FORTHCOMING PROGRAMMES
1.		The Joint Study on the Legal Systems of Japan and Viet Nam 2015 RTI – SPP
Exchange Programme Japan Session
From 21 to 27 July 2014, UNAFEI will host The Joint Study on the Legal Systems ofJapan and Viet Nam 2015 RTI – SPP Exchange Programme Japan Session in Tokyo, Japan.
The theme of the Course is “Current issues of crime and prosecutorial practice in Viet Nam
and Japan” and “white paper on crime”.
2.		 The 161st International Training Programme (Group and Region Focus)
From 19 August to 18 September 2015, UNAFEI will host the 161st International
Training Course in Tokyo, Japan. The theme of the Course is “Staff Training for Correctional
Leadership”. Government officials from across Southeast Asia, including Japan, and visiting
experts and lecturers will attend.
3.		 The Seminar on Promoting Community-based Treatment in the ASEAN Region
From 29 September to 1 October 2015, UNAFEI, along with the Rehabilitation Bureauof the Japanese Ministry of Justice, the Department of Probation of Thailand and the Thailand
Institute of Justice, will co-host the Seminar on Promoting Community-Based Treatment in the
ASEAN Region in Tokyo, Japan. The seminar aims to share strategies for community engagement in the field of community-based treatment of offenders. Government officials andvolunteer probation officers across Southeast Asia, including Japan, will attend.
4.		 The 18th UNAFEI UNCAC Training Programme (Group and Region Focus)
From 14 October to 18 November 2015, UNAFEI will host the 18th UNAFEI UNCAC
Training Programme in Tokyo, Japan. Government officials from across Southeast Asia,
including Japan, and visiting experts and lecturers will attend.
5.		 The Ninth Regional Seminar on Good Governance for Southeast Asian Countries
From 24 to 26 November 2015, UNAFEI will host the Ninth Good Governance Seminarin Jakarta, Indonesia. The theme of the Seminar will address “Current Issues in the Investigation, Prosecution and Prevention of Corruption”. Government officials from across Southeast
Asia, including Japan, and visiting experts and lecturers will attend.
6.		Training Programme (Country Focused) on Legal Technical Assistance for Viet
Nam
From 2 to 16 December 2015, UNAFEI will host the Training Course on Legal
Technical Assistance for Vietnam, in Tokyo, Japan.

27
ADMINISTRATIVE NEWS
Faculty Changes
Mr. IWASHITA Shinichiro, formerly a professor of UNAFEI, was transferred to the
Kumamoto District Public Prosecutors Office on 1 April 2015.
Mr. YUKAWA Tsuyoshi, a public prosecutor of the Sendai District Public Prosecutors
Office, was appointed as a professor of UNAFEI on 1 April 2015.
Ms. MIO Yukako, formerly a professor of UNAFEI, was transferred to the Tokyo
District Public Prosecutors Office on 1 April 2015.
Ms. WATANABE Ayuko, formerly a public prosecutor of the Tokyo District Public
Prosecutors Office, was appointed as a professor of UNAFEI on 1 April 2015.
Ms. TASHIRO Akiko, formerly a professor of UNAFEI, was transferred to the Rehabilitation Bureau on 1 May 2015.
Mr. MINOURA Satoshi, formerly the Chief of the General Affairs and Planning Section,
Rehabilitation Bureau, was appointed as a professor of UNAFEI on 1 April 2015.
Overseas Trips by Staff
Professor NAGAI Toru and Professor AKASHI Fumiko visited Phnom Penh, Cambodia,
Vientiane, Lao PDR, Hanoi, Viet Nam and Manila, Philippines from 27 February to 11 March
2015 to research the criminal justice systems of the aforementioned countries.
Professor YOSHIMURA Koji visited Yangon, Myanmar from 23 February to March 72015 to attend the 4th Asian Conference of Correctional Facilities Architects and Planners(ACCFA) and to research the criminal justice system in Myanmar and to discuss the“Myanmar Country Programme” with related organizations.
Deputy Director MORINAGA Taro visited Bangkok, Thailand and Yangon, Myanmarfrom 2 to 7 March 2015 to research the criminal justice systems in Myanmar and to discuss the“Myanmar Country Programme” with related organizations.
Professor TASHIRO Akiko, Professor NAGAI Toru, and Professor AKASHI Fumiko
visited Bangkok, Thailand from 22 to 28 March 2015 to attend the Seminar on Promoting
Community-based Treatment in the ASEAN Region.
Professor MORIYA Kazuhiko visited Jakarta, Indonesia from 23 to 27 March 2015 toresearch anti-corruption efforts in Southeast Asia.
Director YAMASHITA Terutoshi, Professor TASHIRO Akiko, Professor NAGAI Toru
and Professor AKASHI Fumiko visited Doha, Qatar from 12 to 19 April 2015 to attend the13th United Nations Congress on Crime Prevention and Criminal Justice (Congress).
Professor HIROSE Yusuke visited Hong Kong from 11 to 13 May 2015 to attend The
6th Independent Commission Against Corruption (ICAC) Symposium.

28
Director YAMASHITA Terutoshi and Professor NAGAI Toru visited Vienna, Austria
from 18 to 22 May 2015 to attend the 24th Session of the Commission on Crime Prevention
and Criminal Justice.
Professor MINOURA Satoshi and AKASHI Fumiko visited Tagaytay, Philippines from
20 to 21 May 2015 to attend the ASEAN Plus Three Forum on Probation and CommunityBased Rehabilitation.
Director YAMASHITA Terutoshi visited Bangkok, Thailand from 4 to 5 June 2015 toattend the AsianSIL Inter-Sessional Regional Conference 2015.
Professor HIROSE Yusuke visited Bangkok, Thailand on 11 June 2015 to attend theThailand Institute of Justice (TIJ) Seminar on Criminal Justice Human Resources.

29
FACULTY AND STAFF OF UNAFEI
Faculty:
Mr. YAMASHITA Terutoshi
Mr. MORINAGA Taro
Mr. MORIYA Kazuhiko

Ms. WATANABE Ayuko
Mr. YUKAWA Tsuyoshi
Mr. HIROSE Yusuke
Mr. YOSHIMURA Koji
Mr. NAGAI Toru
Mr. MINOURA Satoshi
Ms. AKASHI Fumiko
Mr. KAYA Tomonobu
Mr. Thomas L. Schmid

Secretariat:
Mr. ANDO Hiromitsu
Mr. SHOJIMA Naoki
Mr. ITO Jin

Director
Deputy Director
Professor
160th Course Programming Officer
Chief of Training Division
Professor
160th Course Deputy Programming Officer
Professor
Professor
Professor
Professor
Chief of Research Division
Professor
Professor
Chief of Information and Public Relations
Professor
Linguistic Adviser

Chief of Secretariat
Chief of General and Financial Affairs Section
Chief of Training and Hostel Management Affairs
SectionGeneral and Financial Affairs Section:
Mr. MIYAGAWA Wataru
Senior Officer
Ms. EMA Ayako
OfficerMs. ODA Michie
OfficerTraining and Hostel Management Affairs Section:
Mr. TOYODA Yasushi
Senior Officer
Ms. SATO Marie
Senior Officer
Mr. OZAWA Yoichi
Officer
Mr. ENDO Yuki
Officer
160th Course Assistant Programming Officer

30International Research Affairs Section:
Ms. HANDO Mayumi
Senior Officer
Ms. IWAKATA Naoko
Librarian

Secretarial Staff:
Ms. YAMADA Hisayo

Officer

Kitchen:Ms. ODAGIRI Maki

Chef

JICA Coordinators for the 160th International Training Course:
Ms. KITA Chizuko
JICA
Ms. FUKUDA Noriko
JICA

UNAFEI Home Page: http://www.unafei.or.jp/
UNAFEI E-mail: unafei@moj.go.jp