In Cambodia, internet cafés have been an easy place for viruses to spread due to their limited cyber security measures. Cybersecurity practices in China, Japan and Singapore are briefly explored, followed by recommendations on making cybersecurity law in Cambodia more robust, specific and proportionate, in line with international treaties like the Council of Europe’s Convention on Cybercrime. In 2013 a United Nations Working Group of Government Experts concluded that the UN Charter and international law are fully applicable to the state behavior in cyberspace, which has also been adopted by NATO countries. Very few official reports are made about cyberattacks that target private companies offering online services, such as banks and telecommunication operators. Cambodia’s highly secretive draft law on cybercrime, which has never been released publicly, seeks to criminalise online content that “slanders or undermines” government agencies, ministries or officials or affects “political cohesiveness”, a copy obtained by the Post reveals. DIGITAL CAMBODIA STATISTIC (CON’T) Connect Phnom Penh to all district across country by 2020 >28,000 km Broadband coverage by 2020 In urban and 70% in rural 100 % Internet of Things (IoT) by 2020 10 % MCT by Telco-Tech AAE-1 by Heyroute 2 cable infra. Singapore is active in forums such as the East Asia Summit, ASEAN cybercrime meetings and the ASEAN Regional Forum. China holds the view that each state should have the right to set its own rules. (San Francisco) – The Cambodian government should immediately scrap the draft cybercrime law, which threatens increased surveillance of internet users, privacy rights, and free speech online, Human Rights Watch said today. It is impossible to know for sure, because the government has not released an official copy of the draft law. “It is a risk for transactions of e-payment, for example, but like other countries, in Cambodia, individuals and companies have their own way to protect their transactions,” Mr. Vutha said. available sources were used, including many free-of-charge editions of online law journals. The Cybercrime Law is a piece of legislation being drafted by the Royal Government of Cambodia to control Internet activity. - Develops regulations, standardization, and strategic plans related to cyber- crime. Government websites have been subject to cyberattacks since 2002. She noted that “the law requires telecommunications companies to turn over certain data to the government upon request”. Article 1 of the draft law states that, “This law has a purpose to determine education, prevention measures and combat all kind of offenses commit with computer systems”. Infringement on the secrecy of correspondence and telecommunication – the right to correspond is an international fundamental right part of private life recognized under international human rights law and also applied to the secrecy of telecommunication. “The Interior Ministry has changed their structure and they put [the cybercrime law] aside for a while,” he said. The law requires that service providers make user data available to the competent authorities under confidentiality conditions. Draft Law on Cybercrime Published by: Open Development Cambodia This law has a purpose to determine education, prevention measures and combat all kinds of offense commit by computer system. Box 944, Cambodia v. Hackers: Balancing Security and Liberty in Cybercrime Law. This new law aims to implement anti-cybercrime measures by establishing the National Anti-Cybercrime Committee (NACC) that will be chaired by Prime Minister Hun Sen himself. Legal experts held a meeting on Wednesday to review its contents at the Ministry of Interior, and chaired by two ministries’ secretaries of state Bun Hun and Lam Chea. “Defamation and Insult” is considered a type of cybercrime as well, if committed via computer networks. Traditional classifications break due to the aforementioned asymmetric nature of network communication. After an introduction (Chapter 1), it provides an overview of the phenomena of cybercrime (Chapter 2). With the Cybercrime Law, it increased the penalty further if committed with the use of ICT. Cambodia’s Online Freedoms under Threat from Draft Cybercrime Law. PDF: License: unspecified: Name: Draft Law on Cybercrime (Khmer) Description: This law has a purpose to determine education, prevention measures and combat all kinds of offense commit by computer system. The Cybercrime Law is a piece of legislation being drafted by the Royal Government of Cambodia to control Internet activity. Therefore, it would be necessary to use the “Principle of Proportionality” and “Reasonable data management” during a cybercrime investigation, in order to guarantee that rights and safety are considered at equally. Is this law proportionate and address cybersecurity itself? and natural person or interest of Kingdom of Cambodia. This section analyzes the existing legal framework and mechanisms that address cybersecurity in Cambodia, in particular the Criminal Code 2009, the Press Law, the Telecommunications Law 2015 as well as the new draft Cybercrime law, looking at whether these laws sufficiently address cybersecurity issues or not. JPCERT/CC, Japan’s national Computer Emergency Response Team Coordination Center (CERT/CC), was established in 1996 in order to work with government agencies, critical infrastructure operators, security vendors and civil society. A 2015 Regulation on Cell Phone Data threatens suspensions and fines for mobile operators who do not register the identities of consumers. There is no specific definition of cyber offense or the specific categories of cybercrime in this legislation, so the Criminal Code alone cannot secure the nation from cyber threats and impose appropriate punishment on cyber criminals. in 2017 Source: Opening speech of H.E. There are multiple actors perceived to be threats in the cyberspace, each with different behaviors and motivations behind their attack. Cambodia doesn’t need to establish an NACC, unless it is to become an independent body overseeing cybersecurity practices in terms of technical and general implementation. Defamation and insult – these are considered a type of cybercrimes as well if committed via computer network. The unauthorized access to a computer system, interception made by technical means, alteration, deletion or deterioration of computer data shall carry sentences of six months to fifteen years imprisonment and fines between one million and twenty four million Riels. Before Cambodia’s 2018 general election, a Chinese hacking group called TEMP.Periscope had shown extensive interest in the country’s politics, causing active compromises of multiple Cambodian entities related to the Country’s electoral system such as Cambodia’s National Election Committee, foreign affairs, interior and ministry of finance and senate. Numerous countries and non-governmental organizations have expressed concern in recent years over the drafting of a Cambodian cybercrime law, which critics say could be used to restrict freedom of expression and stifle political dissent as Cambodians increasingly … Nevertheless, most cybercrimes and -attacks have gone unnoticed and most victims of cyber incidents are reluctant to report them. The report contains six main chapters. The Japanese government adopted the Cybersecurity Basic Act in November 2014 and amended it in April 2016 in response to the Japan Pension Service hack to give the NICS new powers to monitor and audit the security of entities created by direct government approval or laws. This research also aims to propose international good practices and concrete steps that the government of Cambodia may consider implementing. Therefore, the principle of international law that covers cyberspace and fundamental human rights is not being fulfilled in China. cybercrime law in light of the perceived failings the existing legal framework in dealing with recent terrorist attacks. Following the development of e-commerce in Cambodia, consumers are moving away from physical markets to the digital screen market place. There is also a Cybercrime Unit in the National Police department in charge of telecommunication crime. It has signed several MoUs with other ministries inside and outside the region. In Japan, although freedom of expression, access to information and the right to privacy are arguably still practiced in a limited way, the country is a good role model in the fight against cybersecurity issues, notably in terms of public-private partnerships and effective international cooperation. ICT development in Cambodia is still at a sensitive stage compared to other countries in the region, and thus the country may be less prepared than others in terms of cybersecurity. October 12, 2020 A recent draft of the cybercrime law obtained by VOA Khmer has drawn concerns from NGOs and rights groups over clauses that could help the government intensify its crackdown on freedom of expression, while also raising privacy and data collection concerns. The draft Cybercrime Law for Cambodia is just the latest in this long line of laws that attempt to resolve this issue. Geronimo Sy (Department of Justice), during the PTV4 Forum on Anti-Cybercrime Law, a complaint on electronic libel will only have one (1) case to be filed. Some now consider global cybercrime the biggest underworld industry causing US$1 trillion loss worldwide annually. As result, the operation leaked highly confidential information and posted a number of passwords for other hacktivist groups to use. The upcoming law, however, has been seen as … After the announcement, a hacker group called NullCrew launched a campaign named “Operation The Pirate Bay (OpTPB)” to attack Cambodian websites to protest against internet censorship and the arrest of Gottfrid Svartholm Warg, the 27-years-old co-founder of torrent sharing site The Pirate Bay. Prosecutors are given significant powers to order the preservation of computer data or traffic data under the draft law, which may cause concern if a prosecutor is subject to political influence or lacks the necessary independence to balance the different interests involved, especially the protection of the right to privacy. The government has been working on a draft of the law since at least 2012. Cyberattacks can be categorized into three general categories: cybercrime, cyberterrorism and cyberwarfare. Draft Cybercrime Law 2014-April-08. Cybercrime is a well-known, yet poorly understood issue in Cambodia, and the country’s existing legal framework is vague and unclear compared to international standards. FireEye said it had been tracking the group’s activities since 2013 and believed that hackers were acting on behalf of the Chinese government in order to provide the Chinese government with widespread visibility into Cambodian elections and government operations. Another hacktivist collective, Anonymous, caused over 5,000 documents to be stolen and leaked from Cambodia’s Ministry of Foreign Affairs. Cybersecurity has been defined by the ITU as “the collection of tools, policies, security concepts, security safeguards, guidelines, risk management. Draft-Law-On-CyberCrime_Englishv1.pdf - Kingdom of Cambodia Nation Religion King Cybercrime Law Draft V.1, Draft by Cybercrime Law Formulation Working Group of Council of Ministers, Chapter 2: National Anti-Cybercrime Committee (NACC), Article 5: Establishment of National Anti-Cybercrime Committee (NACC), Article 9: Duties of The Secretary General of NACC, Article 10: Officials of the General Secretariat of NACC, Article 11: Branches of General Secretariat of NACC, Article 12: Budget and Resources for NACC, Article 13: Procedure for Cybercrime Offence, Article 14: Officials competent to investigate Cybercrime offence, Article 15: Appointment of National Anti-Cybercrime Committee officials as Judicial, Article 17: Preservation of Computer Data and Traffic Data, Article 19: Searching and Seizing Computer Data, Article 29: Intellectual Property Right and Related Rights, Article 34: Accessory Penalty applicable to certain Cybercrime Offences, Article 35: Accessory Penalty Applicable to Certain Legal Entities, Chapter 5: Mutual Legal Assistance, International Cooperation and Extradition, Article 38: Mutual Legal Assistance Procedure, This law has a purpose to determine education, prevention measures and combat all. The engagement is focused on technical capacity building, and legislative and policy development assistance. (San Francisco) – The Cambodian government should immediately scrap the draft cybercrime law, which threatens increased surveillance of internet users, privacy rights, and free speech online. Resilience and Stability in the banking and fincancial system? [5] Similarly, in Cambodia, a working group of the Council of Ministers is also reportedly considering a Cybercrime Law. The terms and definitions used in the draft law should be clear and accurate in order to prevent broad and vague interpretations or confusion among authorities, judicial bodies, law practitioners and stakeholders implementing the law. Chapter 3 provides the procedures of dealing with cybercrime offences including investigation powers. Many different types of cybercrimes are committed every day on the internet, such as financial crimes, unauthorized access, theft, viruses/worms, Distributed Denial of Service (DDoS) attacks, trojan horse attacks, web jacking, cyber terrorism, cyber pornography, online gambling, IP crimes, email spoofing, cyber defamation, cyber stalking, etc. Moreover, it can be fined between one hundred thousand and two million Riels. of the forests in the Kingdom of Cambodia. Japan launched its new Cybersecurity Strategy Plan in September 2015. There will be one general commissioner from the National Police who will be included as member. The ministries of Interior and Justice and relevant officials are currently reviewing a draft law on cybercrime. 7 - Supervises, … The United States, other concerned governments, and international technology and communications companies operating in Cambodia should call for the … The ITU Global Cybersecurity Agenda (GCA) calls for strategies to develop cybercrime legislation that is globally applicable and interoperable with existing national and regional legislative measures, as well as to organize national cybersecurity efforts. Cybercrime is a well-known, yet poorly understood issue in Cambodia, and the country’s exist- ing legal framework is vague and unclear compared to international standards. However, the country scores poorly in various categories of cybersecurity according to the Cyber-wellness profile published by the International Telecommunication Union (ITU) in 2014. Even though the Convention on Cybercrime was adopted by the Committee of Ministers of the Council of Europe in 2001, as of March 2019, 63 states have already ratified the convention, including the United States, Canada, Australia, Japan, Philippines and Sri Lanka. are punishable from one to three years imprisonment and fine from five hundred U.S. dollars to one thousand and five hundred U.S. dollars ($500-1500)”. Article 23 of the draft law introduces the offence of “illegal interception” of computer data. As of mid-2019 more Cambodians gain access to the internet, and the current “Cybercrime Law” is still in the drafting process. OpTPB targeted several websites of Cambodian businesses and government organizations, including the armed forces. Current criminal law provides a broad perspective of crime related to telecommunications without clear definitions of the types of crime. This law has a purpose to determine education, prevention measures and combat all kinds of offense commit by computer system. How will it affect me? A Report of the UN Special Rapporteur Rhona Smith on the situation of human rights in Cambodia submitted at the United Nations Human Rights Council highlighted concerns over the adoption of this law. The law should at least reach the minimum international cybersecurity standard norms and practices. also fails to specify the technical means and level of access and usage. One major positive step would be for Cambodia to consider signing and ratifying the Convention on Cybercrime, also known as the Budapest Convention, the first international treaty seeking to address internet and computer crime by harmonizing different national laws, improving investigation techniques, and increasing cooperation among nations. However, it can take time to update national criminal law and facilitate the prosecution of new forms of online cybercrime. Cambodia’s draft Cybercrime Law falls well below international standards on the rights for freedom of expression, information and privacy. Course Hero is not sponsored or endorsed by any college or university. approaches, action, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user's assets” or as “the prevention of damage to, unauthorized use of, exploitation of, and the restoration of electronic information and communication systems, and the information they contain, in order to strengthen the confidentiality, integrity and availability of these systems”. Because of the unclear wording, individuals may find it hard to understand when it may apply, or when the consequences of their actions may constitute as a violation to this law, and thus incur penalties. Thus it would seem better for data collection efforts to focus on ‘behavior’ only. The Law on Telecommunications was promulgated in December 2015 as a legal instrument to supervise the telecom sector in Cambodia. The technical terms in this law are as follow: ” means any device or assembly of interconnected devices, or that are in an operational relation, out of which one or more provide the automatic. The cybercrime law is very important,” Mr. Vun said during a press briefing at the parliament building. The adoption by all countries of appropriate legislation against the misuse of ICTs for criminal or other purposes, including activities intended to affect the integrity of national critical information infrastructures, is central to achieving global cybersecurity. [2] Moreover, this law has the objective to “ensure the implementation of law, anti-cybercrime and combating all kinds of offenses commit with computer systems” and to “ensure safety and prevent all [illegitimate] interest in using and developing technology”. Chapter 5 covers the topics of mutual legal assistance, international cooperation and extradition. Singapore’s government created a new Cybersecurity Strategy Plan 2018 with the aim to establish a resilient cyber environment based on a strong infrastructure, a safer cyberspace and a vibrant ecosystem with international partnerships. While the controversial Cybercrime Law is still being drafted, the Cambodian Criminal Code 2009 has jurisdiction over the current cybercrime issues. Article 28 of the draft law regulates user content and websites. How will it affect me? Hacking without permission and authorization is considered illegal. data processing by means of a computer program. Other legislation such as e-commerce and cybercrime is in drafting process. The government should integrate such cyber awareness programs in school curricula because large numbers of young Cambodian are increasingly using the internet for various purposes without knowing about its dangers. The National Cambodia Computer Emergency Response Team (CamCERT) was established in December 2007 in order to deal with cybersecurity and cybercrime matters. 22 October 2020. Ensure the implementation of law, anti-cybercrime and combating all kinds of, Ensure safety and prevent all legitimate interest in using and developing. Is the European Semester waking from its long slumber? Cybercrime Law Drafted Following the Rise of Cyber Attacks . Cambodia’s international cyber engagement is limited to engagement with ASEAN’s cyber discussion and bilateral engagement with Japan, South Korea and the United States. This includes descriptions of how crimes are committed and explanations of the most widespread cybercrime offences such as hacking, identity theft and denial-of-service attacks. Cyberattacks largely defy the simple categorization of activity defined by existing laws, making it difficult for countries to apply the traditional definitions of crime, terrorism, warfare or espionage as understood under existing law. Indeed, some countries have not yet gone through this adjustment process. Governance, economy and society are important factors to consider when legislating cyberspace. Interestingly, the NISC is allowed to monitor government-affiliated agencies for the first time. Cybercrime is different from physical crime in terms of motives, intent and outcomes, but especially also in terms of evidence. Draft Cybercrime Law is divided into six main chapters. The low amount of incident reports may be either due to the low impact of the incidents or due to the limited legal procedures and enforcement. The new Chinese Cybersecurity Law continues to enforce self-censorship on content and control over personal and business data. Chapter 4 covers specific types of offences such as illegal access, data espionage, illegal interception, and data interference. In order to strengthen the area of national telecommunication legislation, its government adopted the Law on Telecommunications in 2015 and launched its Telecom/ICT Development Policy in 2016. But people usually have misconceptions about the term “hacker”, who according to Gross, “is anybody looking to manipulate technology to do something other than its original purpose”. Cambodia has made steady developments in the area of cyber policy and security. PDF English. British charity Article 19’s Executive Director, Thomas Hughes, said, “With a version of the Draft Law released, the authorities can no longer deflect the legitimate concerns of the national and international human rights community”. PHNOM PENH — The United States has invited senior Cambodian officials to visit the country to learn about cybercrime from U.S. experts. This section will walk through the main components of the Cambodian draft law on Cybercrime and analyze its scope, structure, definitions and mechanisms to implement this law in the future. According to Alexander Klimburg, cybersecurity actors are divided into three major groups includes: State Actors, Organized Non-State Actors, and Non-Organized Non-State Actors. Since cyber threats can originate anywhere around the globe, the challenges are inherently international in scope and require international cooperation, investigative assistance and common substantive and procedural provisions. According to Soafer and Goodman, a significant weakness in the current system of combating computer misuse is the inconsistency between individual states of laws and effective investigation and prosecution measures. Gathering evidence is one of the main challenges in fighting cybercrime. 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