G20 Foundation Publications China 2016 | Page 108

FIGHTING CORRUPTION ACCELERATING CYBERCRIME RESPONSE & MITIGATION The Internet Corporation for Assigned Names and Numbers In this article, we consider private sector frameworks that provide effective, rapid response to criminal activity while maintaining public confidence. We discuss how the successes of these frameworks can serve as the basis for public-private partnerships. We identify challenges that such public-private partnerships face. And we examine and how such partnerships might bring us closer to multinational or international agreements where due process of law is served through a universally recognized judicial system. DR. STEPHEN CROCKER Chairman of the Board ICANN DAVID PISCITELLO Vice President, Security and ICT Coordination, ICANN Online cybercrimes exhibit characteristics that make them particularly challenging to mitigate or defeat: the activities that collectively comprise online criminal acts are conducted transnationally; the perpetrators operate from many countries, often with temporary relationships; and the acts themselves are not universally recognized as crimes in all jurisdictions where the actors or their criminal assets reside. These characteristics make apprehension or prosecution of the perpetrators exceedingly difficult. Perhaps the most difficult challenges security interveners or law enforcement officers must overcome when they combat cybercrime are to be duly diligent or to satisfy due process quickly enough – in Internet time – to contain the harm or minimize the number of victims affected by a given criminal attack. 108 Cybercrime timelines reveal important truths Today, the burden of online criminal investigations falls on private sector actors for phishing, malware distribution, counterfeit goods, identity theft or other fraudulent acts. Figure 1 illustrates a representative timeline for a phishing attack, from the onset of the attack through response or remediation, to the point where a law enforcement officer presents sufficient evidence to obtain a court order in a single jurisdiction. Figure 2 illustrates a representative timeline for a more sophisticated criminal activity. Here, one or more criminal actors first build an online