Crime and Technology: Prevention for Sustainable Development

With the advancement technology, the world no longer functions as a mass that
consists of multiple individual organisations. Instead, it has now become a single functioning
organism interlinked by what we know as the World Wide Web, a computer technology now
deemed irreplaceable in our lives. We have seen the many wonders that the age of technology
has brought, from allowing cross-country communications within a blink of an eye to the
discovery of new methods of evidence finding, there is no shortage to the benefits of
technology. However, with the good comes the bad. The rise of technology has brought about
new waves of criminal activities and how criminals conduct traditional crimes, posing a threat
to the Sustainable Development Goals adopted by the United Nation in 2015.

Hence, we explore the various challenges posed by the usage of technology that
contributed to crimes that threaten the Sustainable Development Goals and propose
solutions to prevent them.

The challenges that we will address in our working paper are:

1. Cyber warfare
2. The Lack of Cooperation Between Nations
3. The Lack of Knowledge in Regards to Technology
4. The Lack of Utilisation of Current Available Technology
5. The Dark Web
6. The Inadequacies of Law Enforcement

By addressing these challenges, we hope to find practical solutions that not only will be able
to prevent situations that result in the misuse of technology, but also create a sustainable
environment that is parallel to the goals set forth by the United Nation in 2015 with the
Sustainable Development Goals.
 1) Cyber warfare

Definition

Cyber warfare in regards to the issue of crime and technology that the TIJ Youth Forum 2016
is addressing is in regards to Computer Network Attack (CNA) and Computer Network
Exploitation (CNE) done across border between states, international organizations, or state
sponsored groups. Cyber Attack does not have an expressed definition written on main sources
of International Humanitarian Law such as The Hague Convention 1907 and the four edition
of Geneva Convention due to its nature as a modern phenomenon. There are several
definitions that can be found on another source of International Humanitarian Law such as
customary international law[1], general principles of law, and judicial decisions and the
teachings of the most highly qualified publicists.[2] Initially, a Cyber Attack is differentiated into
two, the first one is Computer Network Exploitation (CNE) which according to United States
Department of Defense defined as:

Enabling operations and intelligence collection capabilities conducted through the use of
computer networks to gather data about target or adversary automated information systems
or networks.[3] The second one is Computer Network Attack which has the most general
preferred definition came from NATO which is apparently an integral part of cyber-attack which
is defined as follow:

Action taken to disrupt, deny, degrade or destroy information resident in a computer and/or
computer network, or the computer and/or computer network itself. Note: A computer
network attack is a type of cyber-attack.[4]
But not all cyber-attacks can be considered as cyber warfare. According to Hathaway, these
are the logic that clearly define the distinction of cyber-attack, cyber warfare, and cyber-crime:

Some cyber-attacks are also cyber-crimes, but not all cyber-crimes are cyber-attacks.
Cyber-warfare, on the other hand, always meets the conditions of a cyber-attack. But
not all cyber-attacks are cyber-warfare. Only cyber-attacks with effects equivalent to
 those of a conventional armed attack, or occurring within the context of armed
conflict, rise to the level of cyber-warfare.[5]
In detail, these are the criteria that suggest a distinction between Cyber-Attack, Cyber -Crime
and Cyber Warfare.[6]

Cyber-attack possesses these characteristic:

1. Objective must be to undermine the function of a computer network
2. Must have a political or national security purpose
Cyber-crime, on the other hand, possesses following characteristics:
1. Involves only nonstate actors
2. Must be violation of criminal law, committed using a computer system
Lastly, the elevation of the above cyber-attack or crime characteristics make the characteristics
of cyber-warfare:
1. Objective must be to undermine the function of a computer network
2. Must have a political or national security purpose
3. Effects must be equivalent to an armed attack, or activity must occur in the context
of armed conflict

These are the definitions of cyber warfare that we wish to disseminate on our working paper.

Case Studies

For instance, Computer Network Exploitation are commonly aims to gather intelligence,
planting back doors, stealing valuable data and other type of action of similar nature. Such
action can be seen on cases of Moonlight Maze of 1998, Operation Titan Rain of 2003 and
even Operation Aurora, the main subject of the thesis. Such attack has also qualified as Level
1 cyberattack which is also a form of cyberwarfare.[7]

Also, if referring to Computer Network Attack, the most notorious CNA of modern times cases
are Estonia hacking in 2007 and Stuxnet attack in 2009. Both cases have different approach
for attack. In Estonia, the attackers are using the combination method of Denial of Service
(DDOS), Domain Name Servers attack and website defacing[8] to create a widespread issue on
Estonias information system while Stuxnet Iran case was carried out with Stuxnet virus to
deactivate Iranian nuclear centrifuge[9].

In regards to the damage done by Cyber Warfare, one can refer to 2011 United States of
America Office of National CounterIntelligence Executive (ONCIX) report titled Foreign Spies
Stealing U.S Economic Secrets in Cyberspace, stating the loss in the financial sector and other
from cyber-attacks came from a country like China. Although the detail of the loss is not very
accurate, it's estimated that each year United States lost between $2 - $400 billion dollars
each year.[10] These are the loss occurs in US alone, worldwide loss must have been greater.

Solution

With respect to the great impact of cyber-attack we would like to introduce solutions of crime
prevention to prevent cyber warfare in a sustainable way. We have proposed the following
solution.

Internationally
To have international cooperation between countries sharing information related to cyber-
attack. With the same intention to prevent and minimize the impact of the cyber-attack.
Alliance like this can enhance the cyber security between country and this will also achieved
SDG;16.a.

To introduce international law and court on cybercrime with expertise in Computer, IT and
law. By achieving this law and court of international cooperation, any international crime
commit between country can be bring to justice in a sustainable way with according to SDG
16.a .

Industry sector
Due to the huge damage of economy by the cyber warfare it is important to set a cyber
emergency response team in order to respond to any cyber-attack to happen in order to
minimize the damage by cyberattack. [11] This is also achieved SDG; 9.1
Industry sector are the one who drive the economy in the country with that the industry
sector is valuable to be a victim of cyber warfare. By partnership with the industry sector we
can raise the standard of the industrial cyber security system to be updated and prepare for
any cyber-attack to come. Which is achieved SDG; 8.2

Lastly with the high advancement of technology of private sector we should have joint
research with the private sector to improve the security system to the next level to prevent
any crime from cyber-attack. With this we can also achieved a sustainable development
according to SDG 16.a and 9.5.

[1] Larry Maybee, 2005, Custom as a Source of International Humanitarian Law, New Delhi,
International Committee of Red Cross
[2] Statute of International Court of Justice, Article 38 (1)
[3] James E. Cartwright, 2010, Joint Terminology for Cyberspace Operations, Washington, D.C,
United States Department of Defense
[4] Edvardas Mazeikis, 2015, Nato Glossary of Terms and Definitions (English And French), Nato
Standardization Office, North Atlantic Treaty Organization, page 11.
[5] Oona A. Hathaway, 2012, The Law of Cyber-Attack, Yale, Yale Law School, page 837.
[6] Ibid.
[7] Directorate General for External Policy, 2011, Cybersecurity and Cyberpower: Concepts,
Conditions and Capabilities for Cooperation from Action Within the EU, European Union
[8] Eneken Tikk, 2010, International Cyber Incidents Legal Consideration, Tallinn, NATO
Cooperative Cyber Defence Center of Excellence
[9] Ralph Lagner, 2013, To Kill a Centrifuge : A Technical Analysis of What Stuxnets Creator
Tried to Achieve, Arlington, The Langner Group
[10] Office of National Counter Intelligence Executive, 2011, Foreign Spies Stealing U.S
Economic Secrets in Cyberspace. Washington, Office of National Counter Intelligence
Executive, page 4
[11]NATO,2016,Cyberdefense. [online] Available at:
http://www.nato.int/cps/en/natohq/topics_78170.htm [Accessed 10 Nov. 2016].
 2) The Lack of Cooperation between Nations

Definition

International cooperation for crime prevention and sustainable development, there need
many steps to obtain the outcomes like sharing of law enforcement expertise, technology,
resources, exchange of cultural information, and sharing of duties concerned with social and
recreational activities (J.Blazer, 1996.)

Current situation of international cooperation

As translational crimes involve many countries and different legal frameworks, the countries
have problems to take action on the criminals when they cross the borders because they loss
the jurisdiction over the criminals as it concerns with the sovereignty of the other
countries.Nowadays, criminals tend to use technology as means to commit crimes which could
commit from anywhere as long as they have access to the internet so it will creates more
transnational crimes.

Case Study

For instance, the result of an international cooperation between Burmese and Thai police
officials is successful arrest of the child abuser who fled illegally to Burma. In that case, the
accused had been staying illegally for about a month after skipping bail on Thai charges of
rape and sexual abuse and then was arrested at the Thai-Myanmar Friendship Bridge near the
northern Thai city of Chiang Mai. (Murdoch, 2012)

Solutions

In order to broaden and strengthen the participation of developing countries in the institutions
of global governance as imposed in the SDGs number 16.8, strengthening and enhancing
relevant international cooperation is required to have stronger institutions against
transnational crimes(16.a). To deal with transnational crimes using technology, we need to
enhance international cooperation on and access to science, technology and innovation (17.6)
to be able to track the culprit when they are using anonymous technology such as dark web.

International level

To achieve sustainable development goals as mentioned above, maintaining good

relationships including trust, making bilateral or multilateral agreement between the countries
for SDGs no. 16.8.

Moreover, promoting awareness of importance of international cooperation between countries

starting in the ASEAN region could be the foundation for international cooperation around the
world. In addition, taking action seriously to the officials who corrupt that is the obstacle and
main problem for crime prevention and sustainable development could be one of the
solutions.

Youth
We should establish youth communities in the ASEAN region to have strong bonds between
the countries and to show the importance of having connection between countries. Moreover,
the youths can also try to establish organizations and try to understand both the international
laws and domestic laws of the other countries. In this way, the youths can speculate the
possible obstacles when the local officials try to arrest the criminals who fled to other
countries. Then, we can share our knowledge about the other countries law and opinions to
the police officials and that would be helpful when they prepare to make an agreement with
the other countries.

[1] J.Blazer, A. (1996). INTERNATIONAL POLICE COOPERATION: OPPORTUNITIES AND

OBSTACLES. Solvenia.
[2]Murdoch, A. S. (2012, August 5). Accused child abuser, 93, caught fleeing into Burma.
Thailand.
3) The Lack of Knowledge in Regards to Technology

Unlike the other challenges which we will address in this working paper, the challenges posed
by the lack of knowledge in regards to technology will be tackled from two perspectives: 1)
citizens, and 2) government officials.

Definition

In the TIJ Youth Forum 2016, the lack of knowledge that we are addressing can be divided
into two:

Government
Not all the lawmakers are expertise on technology. This can be the challenge as it is hard to
introduce the effective law without in-depth knowledge on the issue. Also, in many countries,
this issue might not get enough attention.

Citizens
The lack of media literacy: Media literacy, which includes the ability to access, analyze,
evaluate, and create media content, are skills crucial for building an informed and active
citizenry still apply to digital media literacy.(Martison, 2009).[1]

Case Studies

Government

a. For example, it was not until $81 million from Bangladesh's central bank was robbed
that six U.S. senators have urged President Barack Obama to prioritize cyber crime at this
weekend's Group of 20 summit in China in August 2016. [2]

In ASEAN, cyber crime is emerging and needs more attention:

a. Vietnam and Indonesia were named among the countries most vulnerable to mass cyber
attack according to Microsoft Security Intelligence Report Volume 16 (2013) [3]
b. In Singapore, in 2015, online commercial crimes were reported to increase 95 per cent, from
1,929 to 3,759 cases, compared to in 2014. At the same time, the number of commercial
crimes surged 46.5 per cent to 8,329 cases, compared to 5,687 cases in 2014. (Channel
NewsAsia, 2016) [4]

Citizens
In the month of July alone, two child exploitation or rape cases with social media as
communication tool were reported consecutively. On July 22, 2013, a fourteen-year-old girl
ran off with a security guard whom she has been in contact with via Facebook. Her parents
filed a police report claiming the security guard lured their teenage daughter to run away with
him. The father of the security guy said his son and the girl were together but he could not
reach his son.12 On July 30, 2013, it was reported that a fourteen-year-old girl, who, via
Facebook, was asked to meet up with a boy of 16 years old late one night and was taken to
and raped at the boys residence. [5]

[1] Martinsson, J., 2009. The Role of Media Literacy in the Governance Reform Agenda, s.l.:
The International Bangkok for Reconstruction and Development.
[2]Reuters. (2016). Exclusive: Six U.S. senators urge Obama to prioritize cybercrime at G20
summit. [online] Available at: http://www.reuters.com/article/us-cyber-heist-g20-exclusive-
idUSKCN1142A0 [Accessed 10 Nov. 2016].
[3]http://download.microsoft.com/download/7/2/b/72b5de91-04f4-42f4-a587-
9d08c55e0734/microsoft_security_intelligence_report_volume_16_english.pdf
[4]Channel NewsAsia. (2016). Singapores crime up 4% in 2015, driven by cybercrime.
[online] Available at: http://www.channelnewsasia.com/news/singapore/singapore-s-crime-
up-4-in/2509028.html [Accessed 10 Nov. 2016].
Solution

Governmental level
Raising more awareness of crime and technology to government officials (policy-makers, law
enforcements, lawyers, etc) through training and education to help them to keep up with the
technology as well as the new crime patterns associated with technology. The need of
cooperation between the experts of the issue and policy-makers to assure the effectiveness
of the law.

Regional level
Establish a mutual database on cyber laws within the region to set the framework on the
issue. It is important to abolish loopholes of law in any ASEAN countries, and to prevent the
criminals taking advantages of fleeing from one country to another.

4) The Lack of Utilisation of Available Technology

Definition

We will address the lack of utilisation of available technology the ASEAN countries in terms of
following challenges:

Different Level of Available Technology

Even in among ASEAN countries, what technology is available to each country differs
because of its level of development. For instance, while Singapore is more advanced in terms
of technology, there are other countries in ASEAN that still strive for basic technology
installation such as infrastructure management system. Simply installing state-of-the-art
technology does not work and can possibly cause negative economic impact.

Lack of Comparable Data Sources

Also, in most of Asian countries, a lack of primary data is seemed to be observed. Therefore,
more groundwork is needed to be able to access to other technology that is available
internationally, especially in order to use such technology to prevent crimes. Thus it is
important to collect data and convert them into statistics and make sure the comparability of
data among ASEAN countries and even internationally. In 2012, ASEAN Community Statistical
System (ACSS) adopted a code of practice in regards to enhancing the statistical capacity of
the ASEAN countries [1]. The shared codes of statistical data among ASEAN countries will lead
to increased accountability, reliability, and cooperation. However, such requirement needs to
be heightened.

Case Study

Scientific Development Level

Based on publications in international and peer reviewed journals, current status of 25 Asian
countries scientific development was measured [2]. Four stages of development were
identified: 1) pre-development, 2) building-up, 3) consolidation and expansion, and 4)
internationalization. It is found that scientific output and development stages of countries are
correlated. Scientific capability and accessibility to technology are not simply cause-and-
effect relationship and interact with each other; however, it is obvious there is an association
between two variables. Also, in the same study, it was found that countries staged in more
advanced stage are likely to write research papers in the form of co-authorships with other
countries in lower stages as hubs to help the smaller countries as they explore international
scientific community.

Solutions

Enhancing Scientific Researches

It is crucial to upgrade technology capabilities by enhancing scientific researches in related
fields of crime prevention through technology. In communities of scientists, less territorial
ideology is seen, which also strengthens the partnership among ASEAN countries. Therefore,
more conferences and exchange programs should be funded for young scientists (18-25 years
old) in order to learn from each other and enhance their knowledge. Also, each government
needs to make sure to reflect their learned lessons and experience on their governmental
framework by holding a meeting on regular basis. Government can also measure the time
and resources used in youth investment for utilization of technology and publish their
progress annually.

Mandatory Technology Literacy Exam

Also, as a program to implement on anyone engaging in works related to ASEAN, they should
be required to take an exam to ensure that he or she is a data literate and has a capacity to
handle data properly. The exam should be created immediately with consultations among
ASEAN countries and international organizations in related field. With the appropriate
groundwork, it will be possible to gain access to available technology.

[1] The ASEAN Secretariat Jakarta. (2014). Sustaining statistical development in support of
the ASEAN community. ASEAN Community Statistical System. Retrieved from
http://www.asean.org/storage/images/2015/January/ASEAN_community_statistical_System/AS
EAN%20ACSS-FINAL%20updated%207%20JAN%2015.pdf
[2] Moed, H., & Halevi, G. (2014). Tracking scientific development and collaborations: The
case of 25 Asian countries. Country Trends, 38. Retrieved from
https://www.researchtrends.com/issue-38-september-2014/tracking-scientific-development-
and-collaborations-the-case-of-25-asian-countries/
 5) The Dark Web

Definition

What makes cybercrime complicated is the fact that it continues to develop today, and
predators are utilizing advanced technology quicker than government. The latest evolution
of cybercriminal is the utilization of Dark Web. Not to be confused by Deep Web, Dark Web is
a collection of thousands of websites that use anonymous tools like Tor and I2P to hide their
IP address.[1] Within dark web, one can be completely anonymous; therefore, illegal websites
ranging from ecommerce for drugs, human trafficking, paedophiles, illegal guns and other
illegal activities flourish there. However, there is a bright side of the use of Dark Web, including
citizens and journalists in a country with oppressive government using Dark Web to protect
themselves by being anonymous.

Case Studies

Human Trafficking
From the investigation of motherboard Journalist James Cox, he found a group of criminals
naming themselves the Black Death that utilize Dark Web as a means to transport human
trafficking victims. The group was found to have sold European women. Also, the same group
was aware of the law enforcement and dismiss James Cox as an Europol while he was doing
his investigation. [2]

Paedophiles
According to Owen, a computer science research at the University of Portsmouth, over 80
percent of dark web visits are related to paedophilia. A study also found that more than four
out of five Tor sites are related to Paedophilia. This is a very alarming rate considering that it
means paedophilic activities are moving into an arena that is harder for law enforcement to
detect.[3]

Illegal Arms Trade

According to researcher, less than 3 percent of the dark web are arm dealer sites. By concealing
gun serial numbers and use cryptocurrency like bitcoin. This makes it easy for buyer to buy
guns anonymously due to its difficulty to trace the history of purchase. Although the
percentage of such websites is low, it is still shown that arms trading exist in Dark web and
government regulation is not responding in timely manner [4]

From the three case studies addressed above, it is obvious that criminals use Dark Web that
is completely lack of law enforcement can hamper the Sustainable Development Goals point
16.1 which is Significantly reduce all forms of violence and related death rates everywhere
as well as End abuse, exploitation, trafficking and all forms of violence against and torture of
children due to the fact that indeed through dark web more and more criminals can
distribute drugs and arms which will potentially lead to increased crimes on the street.

Solution

Training on Law Enforcement

Lack of knowledge of technology by national law enforcements from developing countries
has made Dark Web users basically invisible. Facts are that most of the drugs, humans and
guns are sourced from developing countries such as Eastern Europe, South America and ASEAN
countries. Therefore, it would be an excellent solution for law enforcement in these countries
to create task force or hire experts in Dark Web cases so that at least the authorities where
the source of the goods have capacity to identify the traffickers. Not only this will help in a
battle on domestic crimes but this measure can also combat transnational crimes.

Transnational Cooperation
The previous point leads to the second solution, which is to increase the cooperation of cross
countries law enforcement to combat and track dark web criminals. This might be quite
difficult due to the inconsistencies of legal frameworks among different countries but through
an international convention or treaty, this solution can be slowly but surely achieved.
Policing Dark Web by Citizens
The final solution is that to actually find a practical solution on the first and second issue of
lack of knowledge and international cooperation, we are proposing policing organization of
dark web by citizens that will supply intelligence for national and transnational law
enforcement, as well as research and provide campaign to raise awareness of the existence
of dark web. The detail of this particular solution will be further elaborated in our project
proposal.

[1] Greenberg, A. (2016). Hacker Lexicon: What Is the Dark Web?. WIRED. Retrieved 10
November 2016, from https://www.wired.com/2014/11/hacker-lexicon-whats-dark-web/
[2] "My Brief Encounter With A Dark Web 'Human Trafficking' Site". 2015. Motherboard. Accessed
November 10 2016. http://motherboard.vice.com/read/my-brief-encounter-with-a-dark-web-
human-trafficking-site.
[3] Greenberg, Andy. 2016. "Over 80 Percent Of Dark-Web Visits Relate To Pedophilia, Study
Finds". WIRED. Accessed November 10 2016. https://www.wired.com/2014/12/80-percent-
dark-web-visits-relate-pedophilia-study-finds/.
[4] Thom Patterson, CNN. 2016. "Inside The Illegal Online Weapons Trade". CNN. Accessed
November 10 2016. http://edition.cnn.com/2016/08/10/us/declassified-illegal-online-
weapons-trade/.
6) The Inadequacies of Enforcement of the Law

Definition

In this TIJ Youth Forum 2016, the challenges caused by inadequacies of the enforcement of
the law refer to the situation whereby countries now have laws that are enacted to combat
technology-enabled crimes, but are unfortunately not enforced enough due to either:

a) The lack of knowledge on authorities and citizens

b) Inefficient mechanisms available for authorities to utilize the laws

It is important to note that these inadequacies stand in the way to good access to justice
which in turn poses an obstacle to the sustainable development goal 16.3 which mentions
the promotion of the rule of law at the national and international levels and ensure equal
access to justice for all.

Case Study

For example in India, the state Maharashtra only recorded just five convictions out of the
4,981 cybercrime offences registered between 2013 and 2015. [1]

Solution

Raising Awareness
With the popularity of online social platforms rising such as Facebook, Twitter, Instagram, and
LINE, especially among youth, there is a need to spread awareness in regards to the knowledge
about such technology. For example, creating an educational video on technology will not
only be easily accessible by the public. Not to mention this way will also be an engaging form
that will not only include the youth but also help retain public interest.

Building a Youth Community

The second solution that we proposed is to build a youth community. Forming a youth
community to raise the public awareness or making a public movement a check and balance.
To raise public awareness can be done by social media because the majority of people are
using such media. Therefore it will be the most effective to appeal to people to take action
and increase the law enforcement.

[1]http://timesofindia.indiatimes.com/city/mumbai/Cyber-crime-convictions-in-Maha-Just-5-
out-of-4980-cases-in-3-years/articleshow/53422746.cms