chinese taipei 1366688667
DESCRIPTION
TRANSCRIPT
Experts’ Group on Cybercrime (SPSG)APECTEL 47
Bali, Indonesia
@ Padma Resort, Bali Republic of Indonesia
23 April 2013
04/10/2023 APECTEL 47 2
Yu-feng (Harris)
Chen, Chinese Taipei Prosecutor, Chiayi
District Prosecutors Office
Cybercrime and Prosecution in Digital
Age—Now and Future
04/10/2023 APECTEL 47 4
Brief overview of latest cybercrime
prosecution, Chinese Taipei Characteristics of criminality information in
cyber world Web-based investigation and prosecution Challenges Conclusion and outlook
AGENDA
04/10/2023 APECTEL 47 5
Time frame
Sep. 2012 to Feb. 2013 Types of cybercrime
Criminal Code Chapter 36-- “Offenses Against the Computer Security “ Few cases Low penalty
Major types of crimes committed via computer and internet Fraudulence Forging instruments Gambling Intellectual property rights Defamation
Brief overview of latest cybercrime prosecution, Chinese
Taipei (1)
04/10/2023 APECTEL 47 6
From defendants perspective(Nationwide)
5,517 defendants in cases disposed, 1,892 were indicted, 34.3% indictment rate
Relatively low compared with the average 40.6% indictment rate of all types of cases nationwide,
Defendants without criminal record, or just with slight misdemeanor Deferred prosecution with discretion are likely to be
rendered by prosecutors. 16.9% of all, higher than the average 9.5% deferred prosecution
rate of all types of crimes. Defendants are usually ordered to make a written statement of
repentance, or pay a certain sum to governmental account or a designated non-profit or local self-governing organization.
Brief overview of latest cybercrime prosecution, Chinese
Taipei (2)
04/10/2023 APECTEL 47 7
From caseload perspective (Nationwide)
467 cybercrime cases commenced, 0.24% of all 4,218 cybercrime cases disposed, 2.3% of all(source: Ministry of Justice)
Brief overview of latest cybercrime prosecution, Chinese
Taipei (3)
04/10/2023 APECTEL 47 8
Vastly distributed Rapidly transmitted Long Archived Easily collected Quickly searched Possibly manipulated Effectively analyzed
Characteristics of criminality information in cyber world
04/10/2023 APECTEL 47 9
Web-based investigation
04/10/2023 APECTEL 47 10
Growing reliance on digital database
DNA fingerprints, face ID number
“family book”: the Three-level Connection system
Financial records Insurance records Immigration records
Web-based investigation(1)
04/10/2023 APECTEL 47 11
“The Middle-finger Xiao” Incident
Web-based investigation(2)
04/10/2023 APECTEL 47 12
On-line communication takes over
Decline of wiretapping approach Burden of data collection
Cloud computing Advanced encryption Urgent investigation Lack of justice obstruction penalties Shortage of cyber specialists
Challenges
04/10/2023 APECTEL 47 13
Cyber world is an enormous crime database
User data requests worldwide have increased by more than 70% since 2009. From July 2012 through December 2012, Google received 21,389 requests for information about 33,634 user accounts(Google Transparency Report).
Increasing information demand from the authority concerned National security section
CISPA (Cyber Intelligence Sharing and Protection Act ) of the U.S. Law enforcement
More laws or regulation of internet governance would be enacted Creating unified online platform for criminal evidence
Cross-jurisdiction mutual assistance Global E-Crime Prosecutors Network, GPEN (under International
Association of Prosecutors)
Conclusion and Outlook
04/10/2023 APECTEL 47 14
Thank You
Yu-feng(Harris) ChenDelegate of Chinese [email protected]@mail.moj.gov.tw