� ��CYBERCRIME AND SEXUAL EXPLOITATION OF CHILDREN� �

​

Elaine Miller

DG HOME/D4

14 November 2018

​

European Commission�Home Affairs and Migration

EU Cybercrime Legislation

• Directive 2013/40/EU:

- attacks against information systems

• Framework Decision 2001/413/JHA

- non-cash payment fraud

• Directive 2011/93/EU

- child sexual exploitation

EU Cybercrime Legislation I

• Directive 2013/40/EU�
• Attacks against information systems

�Directive 2013/40/EU: objectives

​

The prevention, investigation and prosecution of attacks against information systems

• Approximation of relevant criminal laws
• Improvement of cooperation between authorities

Directive 2013/40/EU

Approximation of criminal laws

• Definition of information system
• Definition of offences
• Level of penalties
• Extraterritorial jurisdiction

Directive 2013/40/EU

Improve cooperation between authorities

• Exchange of information
• 24/7 operational contact points
• Urgency procedure
• Reporting channels
• Collection of statistics

EU Cybercrime Legislation II

• Framework Decision 2001/413/JHA�
• Combating Fraud and Counterfeiting of Non-Cash Means of Payment

Framework Decision 2001/413/JHA

• Prosecute perpetrators
• Enhance cooperation
• Consistent with the Council of Europe Budapest Convention – Title 2
• Legislative and administrative measures

Framework Decision 2001/413/JHA

Prosecution

• Definition of offences
• Offences - payment instruments
• Offences - computers
• Offences - devices
• Physical payment means (cheques, credit cards....but not cash)
• Liability of and sanctions for legal persons
• Possibility to extend jurisdiction
• Rules on extradition and prosecution

​

​

Framework Decision 2001/413/JHA

Enhancing cooperation / info exchange

• Provide widest measure of mutual assistance
• Consult and coordinate action where more 1 MS involved
• Operational points of contact to exchange information

Framework Decision 2001/413/JHA

Instrument undergoing evaluation and probable recast

• Further harmonisation of definitions (means of payment & crimes)
• Minimum rules on penalties
• Cooperation with the private sector
• Revising provisions on jurisdiction
• Operational police cooperation

​

EU Cybercrime Legislation III

• Directive 2011/93/EU�
• Sexual exploitation of children and child pornography

Directive 2011/93/EU

• Prosecute offenders
• Protect child victims
• Prevent child sexual abuse
• Consistent with the Council of Europe Lanzarote Convention
• Legislative and administrative measures

​

Directive 2011/93/EU

Prosecution

• Definition of (20) offences
• Level of penalties
• Facilitate prosecution: reporting, statute of limitation, investigations
• Extraterritorial jurisdiction

Directive 2011/93/EU

Protection

• Assistance and support (including legal)
• Avoid secondary victimisation
• Privacy / identity / image
• Conditions re interviews with victims

Directive 2011/93/EU

Prevention

• Disqualification, background checks, exchange of criminal records (ECRIS)
• Offenders subject to risk assessment and offered intervention programmes
• Awareness raising, training of officials
• Removing child pornography from Internet

�Other Policy Initiatives: cross-border access to electronic evidence �

• New tools to obtain electronic evidence for the investigation and prosecution of crimes, irrespective of the location of service providers’ headquarters, their infrastructure or the location of the data:
• Proposal for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters
• Proposal for a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings.

​