15 the discussions at the hleg meetings made it clear

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15 The discussions at the HLEG meetings made it clear that the members wanted the principles against child pornography to be included. 3) Phishing The most important problem is that the 2001 Cybercrime Convention, like other treaties, is not dynamic. The Convention is based on criminal cyber conducts in the late 1990ties. 10 See Marco Gercke: ITU Global Strategic Report 11 See, the “G8 Communique”, Genoa Summit, 2001, . 12 UN Convention on the Right of the Child, A/RES/44/25, . 13 Council Framework Decision on combating the sexual exploitation of children and child pornography, 2004/68/JHA, - lex.europa.eu/LexUriServ/site/en/oj/2004/l_013/l_01320040120en00440048.pdf 14 15 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, CETS No: 201, .
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45 New methods of conducts in cyberspace with criminal intent must be covered by criminal law, such as phishing, botnets, spam and identity theft. Many countries have adopted or preparing for new laws covering some of those conducts. One of the phishing methods is sending of e-mail messages, falsely claiming or pre- tending to be from a legitimate organization or company. The victim may also be lured to counterfeit or fake web sites that look identical to the legitimate web sites maintained by banks, insurance company, or a government agency. The e-mails or web sites are de- signed to impersonate well known institutions, very often using spam techniques in or- der to appear to be legal. Company logos and identification information, web site text and graphics are copied, thus making the conducts possible criminal conducts as forgeries or frauds. The perpetrator may send out e-mail to consumers leading them to believe that the e-mail was actually from a legitimate company. The sender may appear to be from the “billing center” or “account department”. The text may often contain a warning that if the consumer did not respond, the account would be cancelled. A link in the e-mail may take the victim to what appeared to be the billing center, with a logo and live links to real company web sites. The victim may then be lured to provide the phisher with “updated” personal and financial information, that later will be used to fraudulently obtain money or services. The cost for Internet service providers to detect and combat the phishing scheme may be substantial. When phishing are carried out through spamming it may be a criminal conduct as a violation of special anti spam legislations. Phishing may be achieved by deceiving the victim into unwittingly download mali- cious software onto the system that can allow the perpetrator subsequent access to the computer and the victims personal and financial information. Such category of phishing may be carried out through the use of botnets . It is estimated that at least 80% of phishing incidents are carried out through botnets. The individual access is normally considered as
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  • Spring '12
  • Kushal Kanwar
  • Law, .........

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