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Universidade Autónoma de Lisboa

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp. 18-29

COMBATING CYBERCRIME AS A PREREQUISITE

FOR THE DEVELOPMENT OF THE DIGITAL SOCIETY

Olga A. Klymenko

ms-kl18@ukr.net

Ph.D. in Law. Head of the Department at the Interagency Research Center on Problems of

Combating Organized Crime under the National Security and Defense Council of Ukraine (from

2017 to 2019), Kyiv (Ukraine).

Mykhaylo V. Gutsalyuk

mvgutsalyuk@ukr.net

Ph.D. in Law, Associate Professor. Chief Researcher at the Interagency Research Center on

Problems of Combating Organized Crime under the National Security and Defense Council of

Ukraine, Kyiv (Ukraine).

Andrii V. Savchenko

savchenkoav@ukr.net

Doctor of Law (LLD). Professor of the Criminal Law Department of the National Academy of

Internal Affairs, Kyiv (Ukraine).

Abstract

The article deals with the issues of cyber security and cybercrime in the digital society. The

areas for improving international cooperation to ensure the security of the Internet are

proposed.

Digitized society is being implemented around the world at a high rate and offers significant

benefits for the development of both society as a whole and its individual components. At the

same time, a factor that has a negative impact on this development is cybercrime. The article

explores the current state and main trends of cybercrime, including its organized forms.

The legislative and organizational measures are proposed to counter cybercrime, the leading

role of international cooperation is emphasized, including the rapid exchange of electronic

data to detect and investigate cybercrime.

Keywords

Cybercrime, Cyber security, International cooperation, Digital society, Counteraction

How to cite this article

Klymenko, Olga A.; Gutsaliuk, Mykhailo V.; Savchenko, Andrii V. (2020). "Combating

cybercrime as a prerequisite for the development of the digital society". JANUS.NET e-journal

of International Relations, Vol. 11, N.º 1, May-October 2020. Consulted [online] on the date

of the last visit, https://doi.org/10.26619/1647-7251.11.1.2

Article received on November 12, 2019 and accepted for publication on March 26, 2020

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

COMBATING CYBERCRIME AS A PREREQUISITE

FOR THE DEVELOPMENT OF THE DIGITAL SOCIETY

Olga A. Klymenko

Mykhaylo V. Gutsalyuk

Andrii V. Savchenko

Problem statement

One of the signs of the modern digital society is the rapid development of information

technologies and the spread of the Internet, which are being introduced into all spheres

of life. The first website in history was created in 1991, and today there are more than

1.8 billion websites in the world. If in 2015 the number of Internet users was about 2

billion, then in 2019 they already exceeded 4 billion (Internet live stats, 2019).

The first-ever Digital Europe programme, proposed in June 2018, will invest in five key

digital sectors: high performance computers, artificial intelligence, cybersecurity and

trust, advanced digital skills, and ensuring the wide use and deployment of digital

technologies across the economy and society, in order to strengthen European industrial

technological leadership (EU Budget, 2018).

At the same time, with the development of computer technology, a new form of criminal

activity appeared – cybercrime, which today has mastered the environment of computer

networks and mobile devices. The anonymity of global information networks, the speed

of information transfer makes it possible to use these advantages not only for the

development of the information society, but also for the commission of unlawful acts.

This is also facilitated by the fact that information and communication technologies are

being introduced and are developing much faster than legislators and law enforcement

agencies can react to. Therefore, the sustainable development of a digital society is only

possible if the cybercrime is actively combated, including its organized forms.

Cybercrime, unlike the traditional ones, is characterized by the fact that they are

committed using computers and data networks, including the global Internet. As a result,

such crimes can be transboundary in nature and perpetrated by organized criminal

interstate groups. Another feature is that the evidence of such crimes is contained in

electronic devices (electronic or digital evidence) and has the ability to be quickly

modified or even destroyed.

After the World Health Organization recognized the coronavirus as a pandemic, many

organizations around the world began to introduce remote methods of work in their units,

including organizations such as the US Congress, the Pentagon, NASA. At the same time,

Internet traffic has increased significantly. For example, Webex web conferencing traffic

has grown 22 times! (Free video conferencing: Coronavirus spurs special deals from

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

WebEx, Google, others, 2020). In such conditions, the reliability of telecommunications

increases significantly.

The corporate culture will not be the same after coronavirus. Some of the companies will

remain distant after the global epidemic. Firstly, the employees themselves, having felt

the benefits of homework, will not want to return to offices. And secondly, business

owners, having measured the KPI of employees and savings on rental premises and

utilities, can leave only the most necessary employees in the office.

Cybercrime and cybersecurity measures

If cybercrime in the last century were relatively rare events and investigated within

individual states, at the beginning of XXI century, they have become one of the most

pressing problems that confronted the international community and began to actively

seek mechanisms for combating this phenomenon (Eoghan Casey, 2011, Marie-Helen

Maras, 2016), in particular:

– in 2001, the Convention on Cybercrime was adopted in Budapest. This document sets

out a list of cybercrimes and the procedural provisions necessary to combat

cybercrime, including the collection and sharing of electronic evidence (Convention on

Cybercrime 2001);

– in 2002, the First International Strategic Congress on Cybercrime “E-Crime Congress

2002” devoted to the problems of fighting electronic crimes was held in London. At

the congress, the representatives of law enforcement agencies of different countries

and IT industry discussed issues of effective counteraction to cybercrime

(Gutsalyuk M. V. Fighting Cybercrimes, 2002);

– in 2004, in accordance with Regulation (EU) No 460/2004, the European Network and

Information Security Agency (ENISA) was established, whose main task was to

improve network and information security in the European Union (Regulation (EC) No

460/2004);

– in 2007, the International Telecommunication Union (ITU) developed the Global

Cybersecurity Program (GCA) as a framework for international cooperation aimed at

enhancing confidence and security in the information society (Global Cybersecurity

Agenda, 2007);

– in 2010, at the UN a group of experts was created to conduct cybercrime research.

The group prepared a comprehensive study of cybercrime (Comprehensive Draft

Study on Cybercrime, 2013);

– in 2011, the International Strategy for Cyberspace was developed in the USA

(International Strategy for Cyberspace, 2011);

– in 2013, the EU Directive on cyberattacks on information systems was adopted

(Directive 2013/40/EU);

– in 2013, in accordance with Regulation (EU) No 526/2013, the European Union Agency

for Network and Information Security was established and Regulation (EU)

No 460/2004 was repealed (Regulation (EU) No 526/2013);

– in 2013, Europol set up the European Cybercrime Centre (EC3) in 2013 to strengthen

the law enforcement response to cybercrime in the EU and thus to help protect

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

European citizens, businesses and governments from online crime (European

Cybercrime Centre, 2013);

– in 2014, the National Institute of Standards and Technology developed a Critical

Infrastructure Framework for Critical Infrastructure Facilities to detect, prevent and

respond to cyberattacks (Framework for Improving Critical Infrastructure

Cybersecurity, 2014). In April 2018, a new version 1.1 of this document was released;

– in 2016, EU Directive 2016/1148 on measures to ensure a high overall level of safety

of network and information systems throughout the Union was adopted (Directive

(EU) 2016/1148, 2016);

– in 2017, European Commission President Jean-Claude Juncker announced a Cyber

Security package setting out measures of responding to the change cyber-threats

landscape (Cyber Security Package, 2017);

– in 2018, the General Data Protection Regulation (GDPR), the European Union directive

on the use of personal data, has come into force (General Data Protection Regulation,

2018);

– in 2019, Europol announced the adoption of a new protocol for how law enforcement

authorities in the European Union and beyond will respond to major cross-border

cyberattacks. The new protocol, adopted by the Council of the EU, is part of the EU’s

Blueprint for Coordinated Response to Large-Scale Cross-Border Cybersecurity

Incidents and Crises, and it will be implemented by Europol’s European Cybercrime

Centre (EC3) (EU Adopts New Response Protocol for Major Cyberattacks, 2019).

It should be noted that in recent years all developed countries have also adopted relevant

national legislation on the criminal prosecution of cybercrime, developed strategies to

combat them and created the appropriate law enforcement units (Gutsalyuk, 2016).

The current state of affairs and the latest cyber security challenges

However, cybercrime continues to spread and grow. According to survey of PWC

(PricewaterhouseCoopers), cybercrime was more than twice as likely than any other

fraud to be identified as the most disruptive and serious economic crime expected to

impact organizations in the next two years (PwC’s Global Economic Crime and Fraud

Survey, 2018).

Experts of the World Economic Forum in Davos in January 2018 published an annual

report on global risks in the world, entitled “Global Risks Report 2018” (Global Risks

Report, 2018). Based on its concepts, cyberattacks are in the second place in terms of

negative influence for the world community after extreme weather events (i.g., a year

ago technological risks along with cybercrime occupied the third place). The report states

that the risks of cyber security are constantly increasing. For example, cyberattacks on

businesses have doubled in the past five years, and incidents that were once considered

extreme have become more common today, and hackers attack computers and networks

at “almost constant speed” – every 39 seconds there is one cyberattack (Milkovich Devon,

2019).

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

Lloyd’s of London said in a report that major, global cyberattack could trigger an average

of $53 billion of economic losses, including losses from the WannaCry attack in May 2017,

which affected 300,000 computers in 150 countries, amounting to $850 million and from

attacks on another computer virus that spread in Ukraine in June 2017 amounted to $850

million (Gutsalyuk, Klymenko, 2017; Global cyberattack could spur $53 billion in losses,

2017).

According to the 2018 Cyber Incident Statistics (ENISA) malicious activity and system

crashes are the dominant cause of reported incidents: system crashes make up 39% of

the total cases (36% in 2017, respectively). Malware rose to 39% (up from 7% in 2017)

(Annual report Trust Services Security Incidents, 2018).

In the modern era of strategic competition, cyber espionage is taking a new leap. The

UK’s Government Code and Cipher School (GCCS) estimates that there are 34 separate

nations that have serious well-funded cyber espionage teams. These state-based threat

actor teams are comprised of computer programmers, engineers, and scientists that form

military and intelligence agency hacking clusters. They have tremendous financial

backing and unlimited technological resources that help them evolve their techniques

rapidly (Cyber Espionage Is Global – and Taking Warfare to a New Level, 2018).

One of the latest technological tools for cyberattacks, which are currently actively

developing, is the use of Machine Learning and Artificial intelligence – AI. Since it is

becoming easier to create viruses and carry out large-scale attacks over time, around

organized cybercrime today there is a massive cybernetic subculture, and in the coming

years, the level of cybercrime and the active self-organization of hackers are expected

to increase.

In addition, more and more countries are implementing cyberforces that can influence

the infrastructure of the “opponents”. According to the UN Secretary-General, Antonio

Guterres, during a speech at the University of Lisbon on February 19, 2018: “The next

war will begin with a mass cyberattack aimed to destroy military capabilities and to

paralyze basic infrastructure such as electrical grids”. Guterres called for the unification

of the world community in order to minimize the influence of cyber wars on the lives of

civilians and suggested creating a platform in the United Nations on the basis of which

scientists, officials and others could develop rules “to ensure a more human nature” in

resolving any conflict related to information technologies (Khalip Andrei, 2018).

One of the current trends in information technology is the large-scale introduction in

most countries of cryptocurrencies, which become a complete payment instrument and

investment asset. The total market capitalization of the cryptocurrencies in 2017

exceeded $500 billion US dollars. However, it should be noted that Bitcoin and other

digital currencies are adapted for use by organized criminal groups, since they are widely

used in international circulation and provide the necessary level of anonymity. For

example, in 2017, during the kidnapping of people in Kyiv, Vinnitsa, Odessa (Ukraine),

cybercriminals demanded a ransom in a crypto currency in the amount of several million

US dollars (Of the 507 abductions in 4 cases, the perpetrators demanded a ransom in

bitcoins, – National Police, 2018).

Because of the high cost of the cryptocurrency, it attracts the intruders. In January 2018,

one of the largest digital exchanges in Japan, Coincheck, reported a loss of about $534

million in cryptocurrency due to a hacker attack on its network. The Exchange will

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

reimburse 260,000 customers at its own expense (Coincheck promises 46bn yen refund

after cryptocurrency theft, 2018).

It is also becoming common the term “cryptojacking” – the secret use of computers for

mining the crypto currency. The research team at Palo Alto Networks 42 has revealed a

large-scale operation on mining Monero, which has been active for 4 months. The number

of victims affected by this operation is approximately 15 million people worldwide

(Grunzweig Josh, 2018).

Given the fact that the extent of cybercrime is constantly increasing, Interpol, in February

2017, has developed a Global Strategy to Combat Cybercrime. The document states that

law enforcement agencies face problems related to a cross-border investigation, a variety

of legislation and technological opportunities around the world. The program to combat

cybercrime is coordinated by Interpol through the Global Complex for Innovation in

Singapore, which is equipped with a digital forensics laboratory and an innovation center

that provides Interpol with the ability to provide a consistent and effective approach to

combating all forms of transnational crime.

The report of the European Cybercrime Centre (EС3) – “Internet Organized Crime Threat

Assessment” – IOCTA evaluated key events, changes and threats in the field of

cybercrime in 2019, and made the following key findings:

– ransomware remains the top threat. Attackers focus on fewer but more profitable

targets and greater economic damage;

– data remains a key target, commodity and enabler for cybercrime;

– following the increase of destructive ransomware, such as the Germanwiper attacks

of 2019, there is a growing concern within organisations over attacks of sabotage;

– continuous efforts are needed to further synergise the network and information

security sector and the cyber law enforcement authorities to improve the overall cyber

resilience and cybersecurity;

– the dark web remains the key online enabler for trade in an extensive range of criminal

products and services and a priority threat for law enforcement;

– terrorist groups are often early adopters of new technologies, exploiting emerging

platforms for their online communication and distribution strategies.

The report of the European Cybercrime Centre provides the following recommendations

for counteracting organized cybercrime: a) law enforcement agencies should continue to

focus on the actors that develop and provide tools and services for cyberattacks; b) law

enforcement and the private sector should continue to work together to analyze threats

and initiatives such as the project “No More Ransom” to raise awareness and provide

advice and free tools for deciphering cyberattack data; c) today’s ransomware developers

are increasingly relying on social engineering. Training of employees of organizations on

counteraction to attempts of social engineering will prevent many cyberattacks. Today,

the probability of personal data thefts has increased significantly (while hacking the

information system of one of the corporations, the attackers seized personal information

of 147 million people) (Equifax to Pay $575m in Data Breach Settlement, 2019). More

than a million fingerprints and other sensitive data have been exposed online by a

biometric security firm, researchers say (Baraniuk Chris, 2019).

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

Future threats and challenges

In general, we can state that at the present the number of cybercrimes directed to mobile

platforms is growing most dynamically, in which the number of ransomware detections

has doubled in recent years. Dangerous in the expert environment is also considered the

dynamic development of the Internet of things (IoT), with the use of which it is projected

an increase of the number of cyberattacks.

In this regard Japan has approved a law amendment which allows government officials

to hack into people’s Internet of Things (IoT) devices. The amendment is part of a survey

investigating the number of vulnerable IoT devices carried out by the National Institute

of Information and Communications Technology (NICT) under the supervision of the

Ministry of Internal Affairs and Communications (MIC). Japan is carrying out the survey

to prevent the devices from being harnessed for a cyberattack targeting infrastructure

supporting the Tokyo Olympic Games in 2020. NICT employees will have permission to

attempt the hacking of IoT devices using default passwords and password dictionaries.

Users leaving passwords set as their device manufacturer’s default is often how devices

are compromised. Japan’s approach is an unprecedented but proactive way of dealing

with the IoT security problem. A report published by the MIC highlighted two-thirds of

cyberattacks in 2016 were targeted at IoT devices (Daws Ryan, 2019).

Among the factors that hinder the counteraction of organized crime in cyberspace, remain

the following: a) transnational nature of offenses, which consists in the fact that the place

of commission, the instrument of crime, the victims and the offender may be under

different territorial jurisdictions and there is a need for many formal interstate

agreements to investigate such crimes, which significantly slows down their conduct; b)

high level of technical training of criminals; c) problems of collecting electronic (digital)

evidence that can be rapidly changed or even destroyed; d) the difficulty of identifying

offenders – since the individual “signatures” of offenders is leveled by a standardized

instrument of commission – by software and technological support; e) lack of sufficient

judicial practice in criminal cases on organized crime in the field of information

technology.

Due to the fact that computer data can be easily altered or even destroyed, Articles 16–

21 of the Cybercrime Convention 2001 provide for the application of legislative and other

measures for the urgent storage of computer data, data traffic, interception and real-

time information recording time scale to be implemented by all signatory states. It is

advisable to exchange such information through the relevant 24/7 points created in all

countries. However, due to various circumstances, responses to requests for such

information may be delayed for a long time, rendering such information out of date and

preventing cybercrime investigation. Therefore, international cooperation in this area

needs improvement.

For proper investigation of cybercrimes, it is important to organize close cooperation of

law enforcement agencies with service providers (Internet providers) for rapid disclosure

of data, and to improve mutual legal assistance procedures that relate to electronic data

in order to promptly obtain electronic evidence. At the same time, law enforcement

agencies already have a significant positive experience of intergovernmental cooperation

in combating cybercrime.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

A striking example of this was the operation to eliminate the cyber network “Avalanche”,

which functioned for about 7 years and infected thousands of computers daily, and the

financial losses from attacks amount to more than 100 million Euros. The investigation

was conducted by the Verdun Prosecutor’s Office and the police in Lüneburg (Germany)

in close cooperation with the Ministry of Justice and the FBI, Eurojust, Europol and global

partners. 178 people were arrested by law enforcers with the support of the European

Cybercrime Center (EC3) and the Joint Cybercrime Action Taskforce (J-CAT) as well as

Eurojust and the European Banking Federation (EBF). On the territory of Europe, 580 so

called “drones” (persons involved in cashing in of money) were identified. A successful

attack on this international organized criminal group was supported by 106 banks and

private partners. More than 130 TB of collected data were analyzed at the stage of

preparation of a special operation by cyberpolice. During the joint operation, conducted

on the 30

of November 2016 in 30 countries, five network organizers were detained.

Three of them are Ukrainians; one was detained in Germany, two more – on the territory

of Ukraine. One of the organizers of the criminal group is charged with 1152 crimes,

which caused a loss of 6 million Euros (‘Avalanche’ network dismantled in international

cyber operation, 2016).

And in February 2018, the US Department of Justice filed a charge of cyber-scam about

36 people suspected of participating in the international groupings of the Infraud

Organization, created by a citizen of Ukraine. It is noted that the group stole more than

$530 million. Organization illegally received and sold personal data of network users, was

engaged in hacking of banking and electronic accounts, and also distributed malicious

software. According to US law enforcement officers, about 11,000 people were involved

in the Infraud Organization, most of whom never met personally (Thirty-six Defendants

Indicted…, 2018).

With the growing popularity of the Internet, and given that e-commerce is becoming the

most important part of the economy with turnover, measured by trillions of US dollars

(Retail e-commerce sales worldwide from 2014 to 2021, 2019), the number of

cybercrime will increase accordingly. Therefore, there is a need to create and use

national, and ideally even international, means of information analysis. Moreover,

cybercrimes require an analysis for a shorter period than days, weeks, or even months,

which tend to be based on the analysis of traditional crimes. At the same time, it should

be noted that human rights organizations argue that massive amounts of accumulated

information do not allow systematically prevent cybercrime, and instead, mass storage

of personal data opens up wide opportunities for various kinds of abuse. Given this, on

May 2014 decision by the European Court of Justice (ECJ) declared that the European

Data Retention Directive was a gross violation of privacy rights under European law and,

therefore, was invalid (Judgment of the Court of Justice of the European Union, 2014).

Finally, in addition to combating cybercrime, a necessary element of the safe and efficient

functioning of a digital society is the reliable identification of its participants. As we know,

all criminals are trying to hide their identity, so in contrast to Darknet, whose main

feature is anonymity, you need to create electronic services that only work with verified

users. Electronic digital signatures, or other mechanisms, such as electronic ID

documents, are likely to be used for verification to ensure that both the user of the

service and the Internet resource are verified. This in turn will significantly reduce the

number of cyber frauds and other offenses in cyberspace.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

Conclusions

In our opinion, among the issues of effective counteraction to cybercrime are still relevant

today the following:

1. Development rules of law for conducting searches of electronic evidence, taking into

account the possibility of finding it in different jurisdictions (Khakhanovskyi, Hutsaliuk,

2019).

2. Development of specialized software and hardware for the collection, storage and

analysis of electronic evidence, including large computer evidence cases.

3. Improvement of the network of National Contact Points for Responding to Cybercrime

(24/7) and existing International Legal Assistance mechanisms.

4. Organization of close cooperation between law enforcement agencies and providers

for obtaining electronic evidence.

5. Regular rising of qualifications of investigators and other involved law enforcement

officers in order to study topical issues of the tactics of conducting investigative actions

to obtain electronic evidence in the cybercrime investigation.

6. In order to increase the effectiveness of cybercrime investigations, specialized

structural units should be established in both the police and prosecutors’ offices, and

possibly specialized courts.

7. Increasing the level of cyber security in both public and private sectors, as well as

developing new technologies for protecting and identifying users of cyberspace. The

Global Cybersecurity Center, created in Geneva under the auspices of the World

Economic Forum, should assist in close collaboration of business, academics and

government officials on cyber security.

Only through cooperation of all stakeholders, information exchange and common

standards, the world community will be able to successfully counter cybercrime. The

fulfillment of these measures will allow obtaining in full the advantages of the digital

society.

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e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

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e-ISSN: 1647-7251

Vol. 11, Nº. 1 (May-October 2020), pp.18-29

Combating cybercrime as a prerequisite for the development of the digital society

Olga A. Klymenko, Mykhaylo V. Gutsalyuk, Andrii V. Savchenko

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