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Public International Law > Cybercrime > Flashcards

Cybercrime Flashcards

Understanding risks, impacts, justice, and solutions of the misuse of information and communication technologies (ICT), which enables criminal activities.

1
Q

What treaty did the UN General Assembly adopt aimed at combating cybercrime?

First International Criminal Justice treaty to be adopted since 2004.

A

United Nations Convention against Cybercrime (2025)

Mishra, V. (2024)

This treaty is a landmark global agreement to strengthen international cooperation against cybercrime.

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2
Q

How long did the negotiation process for the Convention against Cybercrime take?

A

Five years

Mishra, V. (2024)

The treaty involved inputs from various sectors including civil society and academia.

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3
Q

Who welcomed the adoption of the Convention as a demonstration of successful multilateralism?

A

UN Secretary-General António Guterres

Mishra, V. (2024)

This marks the first international criminal justice treaty negotiated in over 20 years.

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4
Q

What does the Convention create for the exchange of evidence and victim protection?

A

An unprecedented platform for collaboration

Mishra, V. (2024)

It also focuses on preventing cybercrime while safeguarding human rights online.

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5
Q

What is one of the main goals of the Convention against Cybercrime?

A

To promote a safe cyberspace

Mishra, V. (2024)

The Secretary-General called for all States to join and implement the Convention.

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6
Q

What potential threats does the digital world pose according to Philémon Yang?

A

Increased potential threat of cybercrime

Mishra, V. (2024)

Information and communications technologies have enormous potential for societal development.

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7
Q

What was the method of adoption for the resolution containing the Convention?

A

Adopted without a vote

Mishra, V. (2024)

The General Assembly consists of 193 member states.

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8
Q

Who described the adoption of the treaty as a major victory for multilateralism?

A

Ghada Waly, Executive Director of the UNODC

Mishra, V. (2024)

She highlighted the treaty’s role in addressing various cybercrimes.

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9
Q

What type of crimes does the Convention against Cybercrime aim to address?

A

Online child sexual abuse, sophisticated online scams, money laundering

Mishra, V. (2024)

These are among the crimes mentioned in the context of the treaty.

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10
Q

What significant risks does the Convention against Cybercrime acknowledge?

A

Misuse of information and communications technologies (ICT)

Mishra, V. (2024)

This misuse enables criminal activities at an unprecedented scale and speed.

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11
Q

What adverse impacts are highlighted by the Convention against Cybercrime?

A

Impacts on States, enterprises, and the well-being of individuals and society

Mishra, V. (2024)

It emphasizes the need for protection from various offenses.

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12
Q

What does the Convention prioritize in terms of justice?

A

Justice for vulnerable groups

Mishra, V. (2024)

It recognizes the growing impact of cybercrime on victims.

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13
Q

What is necessary for the Convention against Cybercrime to enter into force?

A

Ratification by the 40th signatory

Mishra, V. (2024)

It will enter into force 90 days after this ratification.

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14
Q

When and where will the Convention against Cybercrime be opened for signature?

A

2025 in Hanoi, Viet Nam

Mishra, V. (2024)

This ceremony is significant for formalizing the treaty’s acceptance.

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15
Q

Fill in the blank: The Convention against Cybercrime highlights the need for _______.

A

Technical assistance, capacity-building, and collaboration among States

Mishra, V. (2024)

This is essential for effectively combating cybercrime.

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16
Q

Define cyberspace

A

The technical architecture that allows the global internet to function

Hollis, D. (2021, June 14)

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17
Q

What are some examples of current cyberthreats?

A

Phishing, ransomware, data breaches

Interpol, n.d.

These threats are prevalent in the digital landscape.

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18
Q

How do cybercriminals exploit new technologies?

A

By tailoring their attacks and cooperating in new ways

Interpol, n.d.

This adaptability makes them increasingly agile and organized.

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19
Q

True or False: Cybercrimes are limited to a single country.

A

False

Interpol, n.d.

Cybercrimes know no national borders and involve multiple jurisdictions.

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20
Q

What role does INTERPOL play in combating cybercrime?

A

Building cross-sector partnerships and enabling international law enforcement cooperation

Interpol, n.d.

INTERPOL has a global reach to assist in these efforts.

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21
Q

What is essential for addressing the challenges posed by cybercrime?

A

Close collaboration between public and private partners

Interpol, n.d.

This collaboration enhances the effectiveness of investigations and prosecutions.

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22
Q

Fill in the blank: Cybercrimes bring many challenges to _______.

A

investigations and prosecutions

Interpol, n.d.

The complexity of cybercrimes complicates legal processes.

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23
Q

What is one method INTERPOL uses to reduce cyber threats?

A

Coordinating law enforcement operations

Interpol, n.d.

This includes secure data sharing platforms and training.

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24
Q

What is the impact of cybercrime on governments, businesses, and individuals?

A

Massive economic and social impact

Interpol, n.d.

Cybercrime affects all sectors of society.

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25
Q

What is the main goal of increasing the capacity of member countries regarding cybercrime?

A

To prevent, detect, investigate, and disrupt cybercrimes

Interpol, n.d.

This aims to protect communities for a safer world.

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26
Q

Fill in the blank: Cybercriminals take advantage of _______ in online systems.

A

weaknesses

Interpol, n.d.

These weaknesses can be found in networks and infrastructure.

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27
Q

What is the main issue with accusations of bad state behaviour in cyberspace?

A

Accused states uniformly deny the accusations or decline to comment, without changing behaviour.

Finnemore, M. & Hollis, D. (2020)

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28
Q

What do accusations in cyberspace lack from the perspective of international law?

A

Accusers almost always fail to invoke international law.

Finnemore, M. & Hollis, D. (2020)

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29
Q

What broader concept is introduced to examine accusations in cyberspace?

A

The concept of ‘accusation’ as a social, political, and legal practice.

Finnemore, M. & Hollis, D. (2020)

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30
Q

What are the three discrete processes that comprise accusations?

A
  • Attribution
  • Exposure
  • Condemnation

Finnemore, M. & Hollis, D. (2020)

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31
Q

What is the attribution problem in cyberspace?

A

The difficulty of identifying the perpetrator of cyber operations.

Finnemore, M. & Hollis, D. (2020)

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32
Q

Which states have been accused of conducting or supporting cyber operations?

A
  • China
  • Iran
  • North Korea
  • Russia
  • United Kingdom
  • United States

Finnemore, M. & Hollis, D. (2020)

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33
Q

What was the outcome of the 2015 understanding between the United States and China?

A

Prohibition of commercial cyber espionage.

Finnemore, M. & Hollis, D. (2020)

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34
Q

What is one of the main purposes of making accusations?

A

To seek to ‘name and shame’ an accused into conforming to certain behavioural expectations.

Finnemore, M. & Hollis, D. (2020)

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35
Q

Fill in the blank: Accusations can serve multiple functions, including enforcement, defense, deterrence, or ______.

A

[constitution]

Finnemore, M. & Hollis, D. (2020)

36
Q

True or False: Accusations always aim to enforce existing international law.

A

False

Finnemore, M. & Hollis, D. (2020)

37
Q

How can accusations provide defense in cybersecurity?

A

By providing information that can help third parties bolster their network defenses.

Finnemore, M. & Hollis, D. (2020)

38
Q

What is the role of exposure in accusations?

A

Refers to the publicity an accusation receives.

Finnemore, M. & Hollis, D. (2020)

39
Q

What does condemnation refer to in the context of accusations?

A

An expression of disapproval by the accuser.

Finnemore, M. & Hollis, D. (2020)

40
Q

What can successful accusations require in terms of information?

A

Factual knowledge of cybersecurity incidents.

Finnemore, M. & Hollis, D. (2020)

41
Q

What are some sources that have contributed to the increased willingness to ‘name names’ in cyberspace?

A

Accusations from a variety of sources, including other states.

Finnemore, M. & Hollis, D. (2020)

42
Q

What major problem does the lack of international law invocation create for international lawyers?

A

It suggests that the law is weak or irrelevant in holding states accountable for cyber operations.

Finnemore, M. & Hollis, D. (2020)

43
Q

What is one effect that accusations can have on the accused state?

A

They can change the accused’s behaviour.

Finnemore, M. & Hollis, D. (2020)

44
Q

What does the term ‘false flag operation’ refer to?

A

A tactic where the perpetrator can foist blame onto another state or non-state party.

Finnemore, M. & Hollis, D. (2020)

45
Q

True or False: Accusations in cybersecurity are always made public.

A

False

Finnemore, M. & Hollis, D. (2020)

46
Q

What is the potential role of accusations in the context of international law?

A

They can serve as building blocks for the creation of new norms and law.

Finnemore, M. & Hollis, D. (2020)

47
Q

What is the significance of the term ‘opinio juris’ in the context of accusations?

A

It refers to the belief that a certain practice is legally obligatory, which can be shaped by accusations.

Finnemore, M. & Hollis, D. (2020)

48
Q

What do accusations aim to achieve in terms of norms and law?

A

They may contribute to the emergence of new norms and international law.

Finnemore, M. & Hollis, D. (2020)

49
Q

What does the absence of international law in cyber accusations indicate?

A

It may indicate a lack of guidance for states in confronting cyber operations.

Finnemore, M. & Hollis, D. (2020)

50
Q

What does ‘might’ refer to in the context of accusations?

A

Refers either to actions of an accuser or to the emotional state of the accused

Finnemore, M. & Hollis, D. (2020)

51
Q

What is the role of condemnation in accusations?

A

Condemnation clarifies which behaviour is to be avoided. It is an “expression of disapproval” to the unacceptable conduct that has deviated from the norm or rule.

Finnemore, M. & Hollis, D. (2020)

52
Q

What are the three main features that accusers might combine in their accusations?

A
  • Attribution
  • Exposure
  • Condemnation

Finnemore, M. & Hollis, D. (2020)

53
Q

True or False: Attribution is always necessary in accusations.

A

False

Finnemore, M. & Hollis, D. (2020)

54
Q

What is the significance of the normative environment in accusations?

A

Accusations require a norm or standard of propriety for measuring deviation

Finnemore, M. & Hollis, D. (2020)

55
Q

What challenges do accusations face in the context of international law?

A

Accusers must tie the accused state to actual hackers and meet standards of proof

Finnemore, M. & Hollis, D. (2020)

56
Q

What does the international law literature emphasize about shared norms?

A

Some core shared norms are relatively clear in areas like human rights and the environment

Finnemore, M. & Hollis, D. (2020)

57
Q

Fill in the blank: Accusations are a social practice shaped by _______.

A

[relationships among the accuser, the accused and third parties]

Finnemore, M. & Hollis, D. (2020)

58
Q

What can strong condemnation lead to in terms of the accused’s behavior?

A

May cause the accused to change its behavior or lead to stigmatization

Finnemore, M. & Hollis, D. (2020)

59
Q

What is the implication of accusations for international law enforcement?

A

Accusations could be a source for enforcing international law

Finnemore, M. & Hollis, D. (2020)

60
Q

What are some strategic choices accusers face when constructing accusations?

A
  • Naming a perpetrator
  • Deciding on public vs. private accusations
  • Level of evidence to disclose

Finnemore, M. & Hollis, D. (2020)

61
Q

True or False: The absence of clear international legal rules does not affect accusations.

A

False

Finnemore, M. & Hollis, D. (2020)

62
Q

What might enhance the effectiveness of accusations for advancing international law?

A

Careful crafting of accusations with attention to structure and function

Finnemore, M. & Hollis, D. (2020)

63
Q

Fill in the blank: Accusations can create opportunities to clarify existing _________.

A

[international law]

Finnemore, M. & Hollis, D. (2020)

64
Q

What is a potential benefit of generating lists or rankings of states?

A

Tying poor performance to resources for capacity building

Finnemore, M. & Hollis, D. (2020)

65
Q

What does the concept of ‘opinio juris’ refer to?

A

The belief that a certain practice is legally obligatory

Finnemore, M. & Hollis, D. (2020)

66
Q

What is a key takeaway about the relationship between naming and shaming in cybersecurity?

A

The link between naming and shaming is often weak

Finnemore, M. & Hollis, D. (2020)

67
Q

Fill in the blank: The interchanges following an accusation help reveal what behaviour is _________.

A

[accepted by the international community]

Finnemore, M. & Hollis, D. (2020)

68
Q

What should policymakers consider when framing an accusation?

A

Whether to name a perpetrator, the level of evidence, and the timing of public vs. private accusations

Finnemore, M. & Hollis, D. (2020)

69
Q

What is a significant obstacle in the use of accusations in cyberspace?

A

Different interpretations of international law rules among states

Finnemore, M. & Hollis, D. (2020)

70
Q

What role do accusations play in constructing new social norms?

A

Accusations can influence the development of new rules and norms through social interactions developing customary law. This can also undermine the construction of more permissive norms, rules, or laws.

Finnemore, M. & Hollis, D. (2020)

71
Q

Define Attribution

A

Identifying to vary degrees “who did what”

Finnemore, M. & Hollis, D. (2020)

72
Q

Define Exposure

A

Choosing the publicity level of the accusation, ranging from private, through limited community members, to wide exposure to the general public

Finnemore, M. & Hollis, D. (2020)

73
Q

What is the benefit of using accusations in international law?

A

Strategically constructing accusations with various combinations of features can lead to political diplomacy and face saving avenues to enforcement and development of international law.

Finnemore, M. & Hollis, D. (2020)

74
Q

Describe “naming and shaming”

A

“Naming and shaming” is an enforecment practice that research has found to be ineffective against cybersecurity and other global issues.

Finnemore, M. & Hollis, D. (2020)

75
Q

How can practices become oponio juris in international law, including cybersecurity?

A

Ongoing tailoring of accusations (e.g. what charges to make, how to frame them; then justify the accusations) and how the accused and other parties respond can inform the development of defining unacceptable behaviour, norms and practices that can become opinio juris .

Finnemore, M. & Hollis, D. (2020)

76
Q

According to Salam (2019), what are the legal issues in cybercrime?

A

Governance, jurisdiction, international trade, international tax, human rights & humanitarian law.

Salam, N. (2019)

77
Q

Who are the actors in cyberspace?

A

Salam (2019): State (SA) & non-state actors (NSA). NSAs can be public or private.
Interpol (n.d.) All actors will need to collaborate to protect communites.

Salam, N. (2019); Interpol. (n.d.). Cybercrime.

78
Q

What are some elements of cyberspace?

A

voice/data communication; social media; commercial transaction websites; cybermoney, e.g. bitcoin; military uses; internet; infrastructures

Salam, N. (2019)

79
Q

What are features in an accusation?

A

A combination of one or more of:
- Attribution: who did what
- Exposure: private to limited to wide public exposure
- Condemnation: expression of disapproval of norm or rule deviation

Finnemore, M. & Hollis, D. (2020)

See definitions of each of these features

80
Q

What are some types of cyberthreats?

A

Interpol (n.d.): phisching, ransomware, data breaches, new technology exploitation, tailored attacks, multijurisdictional
Salam (2019): cyberattacks (banks, critical industries, civilian infrastructures); spying; cyber warfare; propoganda/recruitment; Darknet: human trafficking, illegal drugs, weapons - including cyberweapons, bogus pharma; actors: private/hackers, state2state, military, paramilitary
Me: political/election interference

Interpol. (n.d.). Cybercrime; Salam, N. (2019).

81
Q

What was the main challenge of cyberspace, as per the UN High-Level Panel on Digital Cooperation?

A

“the speed of technological progress, which outpaces the capacity of government to regulate”

Salam, N. (2019)

82
Q

What is governance in cyberspace?

A

How states, industry, and users may use the global internet.

Hollis, D. (2021, June 14)

83
Q

True or False: The governance of cyberspace originated with states.

A

False.
Cyberspace governance started with governement-funded academic institutions and private actors that constructed the internet.

Hollis, D. (2021, June 14)

84
Q

Who are the actors in the multistakeholder governance of cyberspace?

A

International law (SAs & IOs); industry players; civil society players; other regulatory regimes e.g. industry self-regulation.

Hollis, D. (2021, June 14)

85
Q

5 categories

What are the main issues re: international law’s regulation of cyberspace?

A
  • silence: states were silent about what thinking/doing so interfered with identifying/developing customary IL.
  • existential disagreements: competing claims that a particular internation legal rule or regime/framework is wholly included or excluded in cyberspace.
  • interpretative challenges: interpretative questions are debated.
  • attribution: IL doesn’t usually regulate ICT companies nor individuals (these parties are usually subject to domestic legal order(s). Need to know whoever is responsible to determine jurisdiction, as well as support with evidence.
  • accountability: IL has been rarely invoked for cypercrime. Once the UN Convention against Cybercrime (2025) is signed, there may be more international legal rhetoric (Me).

Hollis, D. (2021, June 14)

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