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other forms of cybercrime (online betting,
online prostitution, selling drugs and medicine through the
Internet, “money laundering”
through electronic transfers, possession of illegal technology etc.).
According to the document from the X- Congress of the United Nations dedicated to the prevention of
crime and the treatment of its carriers, two basic types of computer crime are defined:
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cybercrime in the narrower sense - as any unlawful conduct directed towards electronic operations
for the security of the computer systems and the data processed with their help.
cybercrime in a broader sense - as any unlawful conduct related to or in respect of computer systems
and computer networks, including the illegal mediation, offering and distribution of information
through computer systems and computer networks. This document covers
the forms of cybercrime as
defined in the Recommendation of the Council of Europe and the OECD list.
Lately, to the above described forms of cybercrime the acts supported by computers are added, which
include illegal possession and distribution of materials where the computer system or network is used to
achieve better criminal results, and for avoidance of criminal prosecution. Enumerated under these forms of
cybercrime are the illegal and harmful content, violations of copyright and related rights, sale of prohibited
goods (weapons, stolen goods, drugs) or providing unauthorized services (gambling, prostitution), and child
pornography.
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4.
SUPPRESSION OF CYBERCRIME ACTIVITIES
One of the important characteristics of information security is that in some cases it is very difficult to
precisely identify the perpetrators of the attacks, often and the countries from where these attacks originate
for reasons that the perpetrators very easily manage to hide their identity or to replace it with the identity of
other users of information technology. For these reasons, the prevention of these attacks on the information
systems is very difficult because they come from everywhere and are difficult to localize. Nevertheless,
today it is possible to provide protection against these hacker attacks and to identify the perpetrators.
However, in order for these to be achieved the development of standardized procedures, equipment and
teams of experts is necessary, all of which require great funds to be allocated from the state budget. The
measures and activities for prevention of cybercrime as well as other types of criminal activities are
conducted on preventive and repressive plan.
Thus, the preventive measures are mostly aimed at undertaking activities for its identifying, removing
of the sources, the conditions, the circumstances and flaws that allow unauthorized and illegal use of
computer information systems or networks, or their misuse. Through the preventive measures timely
identification and classification of possible cyber attacks, predictions for objects of attack and ways in which
they will be carried out attacks and predict the consequences of such attacks is enabled. Based on the
undertaken preventive measures it is possible to devise appropriate mechanisms for protection against these
attacks, as well as defining of the way for creation, maintenance and enhancement of these protective
mechanisms. The repressive measures would be the same as the security and judicial structures undertake in
preventing other types of crime.
According to Kaspersky
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latest time period represents a "golden Age" for the cybercrime, which
takes the second high place on the list of most lucrative criminal activities after illicit drug trafficking.
Despite the intense growth, cybercrime has proven as a serious opponent against whom it is difficult to fight
because of the combination of its secret nature and the criminal underworld (“underground forum”), and
because of the insufficient number of international police forces responsible for prevention of cybercrime
and their immediate cooperation. The creation of reliable information space according to Kaspersky, would
occur by, including the creation of the so called “Internet Interpol” organization, through which police
investigations of cybercrime would be lead on international level.
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. Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, year 2000, Background paper for the
workshop on crimes related to the computer network: Crime-fighting on the Net, http://www.un.org/events/10thcongress/2088h.htm
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.Tenth United Nations Congress on the Prevention of Crime an
d the treatment of Offenders, http://www.oun.org
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.Eugene Kaspersky is an expert on security and founder of „Kaspersky Labs“ company. http://onlinetrziste.com/2011/05/eugene-
kaspersky-poziva-na-stvaranje-internet-interpola/
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In order to achieve higher level of security of the electronic communications within the European
Union, ENISA- European Network and Information Security Agency was established in 2004, which since
2005 is based in Heraklion – Crete, Greece.
Apart from this security agency, the Commission of the European Union established the EC3 -
European Cybercrime Center based in The Hague, Netherlands. This center, which began operating in
January 2013, will contribute to defense against cyber attacks with quick reactions. The center (EC3)
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has a
mandate to address the events caused by cybercrime.
In 2010, the Council of Europe initiated a project titled “Regional cooperation in combating
cybercrime in the states of SEE”, in order to establish closer intergovernmental cooperation and to increase
the capacity of their ministries of justice and internal affairs for defense against computer threats.
Participants in this project are Albania, Bosnia and Herzegovina, Montenegro, Croatia, Kosovo, Macedonia,
Serbia and Turkey.
At the conference in Ohrid, held in 2011, among the other things it was agreed that a Pilot center was
to be set up in Croatia from where all activities of the states of Southeast Europe
will be coordinated in order
to prevent cybercrime. Spatially this Pilot center was placed within the Ministry of Justice of the Republic of
Croatia or within the Academy for the Judiciary of the Republic of Croatia. In order to establish the legal
framework for cooperation between the states of Southeast Europe for implementation of the project
“Regional cooperation in combating cybercrime in the states of SEE”, a Declaration on strategic priorities
for cooperation in combating cybercrime was adopted in 2013 in Dubrovnik. This Declaration was signed by
the high officials of the Ministries of justice and internal affairs of the states participating in the project,
which specifies the details of the establishment of the Pilot center in Croatia, as one of the strategic
priorities.
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The Republic of Macedonia, considering the serious danger that cybercrime carries against the
security of its citizens and the institutions of the state, is actively involved in its recognition and prevention.
Thus, under the Ministry of Interior, specifically the Public Security Bureau - Central Police Services, the
Department for cybercrime and digital forensics exists with its two units. Within the investigation
department for cybercrime are two sections: the department for investigation of computer identities and the
department for investigation of credit cards abuse. The second unit, the unit for digital forensics works with
two sections: the department for investigation of computer equipment and the department for investigation of
mobile devices.
5.
LEGISLATION
Cybercrime
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as one of the contemporary forms of organized crime is sanctioned by the modern
criminal legislation of many states. The states are aware that computer networks and electronic information
can be used to perform crimes, but also that the material evidence for this type of crime may be delayed and
kept in those networks or transferred through them. According to Nikolic
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, this electronic evidence can be
stored on one computer, computer network or server that may be beyond territorial jurisdiction of the
institution that collects them, and they can be visible or invisible.
The Organization of the United Nations has conducted numerous activities and delivered relevant
documents that directly or indirectly are related to the resolution of problems related to cybercrime. Besides
the UN, engaged in certain aspects of cybercrime are other international bodies and organizations such as the
Council of Europe, the World Trade Organization, the International Chamber of Commerce and the World
Intellectual Property Organization. The group of eight major industrial countries so called the G8 group is
also engaged in solving practical issues for internationalization and coordination of the activities related to
the prevention and suppression of cybercrime. For faster and more efficient operationalization for solving
problems related to cybercrimes, they established a network, which for 24 hours over the entire calendar year
provides adequate application of the measures to prevent this type of highly sophisticated crime. Towards the
G8 group of most industrialized countries, more gradually other countries are joining, which are not
members. Thus, the IOCE - International Organization Computer Evidence is created
in order to facilitate the
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. https://www.europol.europa.eu/ec3
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. www.coe.int/cybercrime
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. The cybercrime in the literature is also known as
Internet crime, e-crime, high technology crime, network crime, information
crime, cybernetic crime, etc.
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.
Komlen-Nikolić L -
Problems of the domestic legislation in the combat against the high-technology crime, Review on security
,
No. 9, September , Belgrade, 2008.