Tatarinova L.F.
Ph.D., professor
of the Russian Academy of Natural Sciences
Leading researcher Fundamental research MES,
The Republic of Kazakhstan
Tatarinov D.V.
PhD, Department of International Law
Al-Farabi Kazakh National University
Leading researcher Fundamental
research MES,
The Republic of Kazakhstan
Cyber crime - a threat to national security of the Republic
Kazakhstan
Annotation
This article is devoted to actual
problems of national security in
terms of increased activity of criminal segments in the global information and communication
networks. The author analyzes the main facts occurred in the area of study and
offers some mechanisms to ensure
national security
Recent
events carried on the surface of the problems that worried many experts, scholars,
lawyers, and in particular of the national security state - the problem of
security of information containing state secrets.
One
of the biggest scandals, there was a scandal around listening to US
authorities, including personal, phones world leaders.
In
the summer - autumn 2013 in Europe grew scandals because of the so-called
"Heritage" former CIA officer Edward Snowden, who has handed in the
media in the summer of secret documents about the activities of the US National
Security Agency (NSA). The documents became known that the US Centers for the
processing of information, called "special service data collection,"
created and reinforced, is likely to ensure cyber security, and last but not
least as a result of the activities of WikiLeaks, located in 80 cities around
the world, including 19 European cities. Such a service operated under the
cover of US embassies, led a large-scale wiretapping of world leaders,
including members of the governments of several EU countries. In Berlin, for
example, such a center was located in the US Embassy near the government
buildings of Germany. Another was in the center of Frankfurt. Almost all the
world's media published under the headline "US intelligence agencies listen
to phone 35 world leaders" [1].
It
is learned that listening program was launched in 2002 under President George.
W. Bush after the failure of the Government of Germany has refused to
participate in the Iraq campaign. The fact of failure could force the US
authorities to question in Germany as an ally. Initially, the NSA tapped
Chancellor Gerhard Schroeder, and then Angela Merkel. "The Americans can't
record conversations of German politics" and could only keep track of who
she was talking. Apparently, the calls were tapped Merkel and in June 2013, a
few weeks before the visit to Germany of Barack Obama [2].
Once
you published the first information about the phone tapping Merkel, the US
ambassador to Germany was summoned to the German Foreign Ministry to seek
clarification. President Barack Obama in a telephone conversation with German
Chancellor Angela Merkel has assured that her phone is tapped, and if he
learned otherwise, he would have stopped it [3].
The
materials E. Snowden there is evidence of the NSA in France, the United States,
the interception of up to 70.3 million. Phone calls French citizens. Carries
out surveillance of the President of Brazil Dilma Rousseff, of the Italian
Government. NSA was initiated by the United Nations to discuss the draft
resolution that would have extended the right to privacy and the Internet.
According to the documents, the level of monitoring of Russia, as well as for
Brazil, Mexico, France and Australia - was "average", while the
biggest telecommunications interception was carried out in Afghanistan, Pakistan,
Iran, Saudi Arabia and Iraq [4].
The leaders of the
states affected by "listening" does not react the same way as France
and the UK authorities have carried quite indifferent, while the German
authorities were outraged by such behavior of US intelligence.
Media reported that
"all European politicians were obliged to buy mobile phones with an
encryption" "and" Prime Ministers of Belgium asked not to take
to the meeting phones. " The "Ministers phones in France and the
Netherlands will be equipped with encryption system." "Brazil and
Germany urged the United Nations to fight against US espionage", etc. [5].
Thus, the activities
of the NSA under diplomatic cover in the various countries of the world and
especially in Europe, have caused enormous damage to the national security of
many countries, and the main instrument to commit such acts were global
information networks and cyberspace.
Therefore, the
problem of globalization and integration became very topical issue, especially
in light of the active progress of computer and communications technologies,
which may lead to the realities that are provided for in subparagraph 1 of
Article 5 of the Law of the Republic of Kazakhstan "On National
Security":
1) the weakening of
the rule of law and the rule of law, including the increase in crime, including
its organized forms, merging state agencies with criminal structures,
protection officials to illegal circulation of capital, corruption .........
4) intelligence,
terrorist, sabotage and other aimed at harming the national security of
Kazakhstan's activity of special services and organizations of foreign states,
as well as individuals. "
Moreover, the
conditions of globalization and integration of intensified competition among
suppliers and operators of the Internet. This is due to the special
profitability of this sector, as the means of global communications networks of
world trade takes place, the expansion of the process streams.
In this context,
cyber security plays an important role in the development of information
technology and the maintenance of security in cyberspace any state.
Strengthening cyber security and protection of critical information
infrastructure of the state is essential to the security and prosperity of each
country. Improving the safety of the Internet and the protection of users of
the Internet has become an integral part of the development of new services, as
well as government policies [6].
Thus, we can assume
that the containment of cybercrime is part of a national strategy for cyber
security and critical information infrastructure protection of any state,
including the Republic of Kazakhstan. In particular, this includes the adoption
of appropriate national legislation against the deliberate use of global
communication networks for criminal or other legitimate purposes and not for
actions that aim to affect the integrity of critical national infrastructures.
At the national level is a shared responsibility requiring coordinated action
by government, the private sector and citizens in relation to the prevention,
preparation, response and recovery from incidents. At the regional and
international level, it entails coordination and cooperation with relevant
partners. Thus, the formulation and implementation of a national framework for cyber
security and strategies requires a comprehensive approach [7].
Cyber
Security Strategy, for example, the development of technical
protection systems and training users on how to avoid becoming victims of cyber
crime may help to reduce the risks of cybercrime. Development and support of cyber
security strategies is a vital element in the fight against cyber crime [8].
It
is important to note that the public danger of crimes committed through global
communications networks, is primarily in the fact that the consequences of the
crimes can be unpredictable in view of the transnational nature of the
networks, and the damage increases significantly due to the huge and growing
number of its members.
Therefore,
the fight against crime in the global communication networks requires a
comprehensive approach. Given that technical measures alone can't prevent
crimes, it is important that law enforcement agencies have the right to
effectively investigate and prosecute cybercrime.
Among
the areas of action of the national legislation of any state focuses on the
following areas:
-
Region "Legal measures" focused on how to resolve the legal problems
caused by criminal acts committed in global communication networks at a level
comparable with the international;
-
Region "Technical and procedural measures" focuses on key measures to
promote the adoption of advanced approaches to improving security and risk
management in cyberspace, including schemes, protocols and accreditation
standards;
-
Region "Organizational structures" focused on the prevention of cyber
attacks, detect, respond to, as well as crisis management during cyber attacks,
including the protection of critical information infrastructure systems;
-
"Capacity-building program" focuses on the development of strategic
capacity-building mechanisms to raise awareness, transfer "know-how"
and increasing cybersecurity on the national policy plans;
-
"International Cooperation" focused on international cooperation,
dialogue and coordination in combating cyber attacks [9].
From
this it follows that the timely development of adequate legislation and the
legislative framework of the Republic of Kazakhstan related to cybercrime is an
essential part of the strategy of cyber security of our state. This requires,
first of all, that the provisions of substantive criminal law to outlaw acts
such as computer fraud, illegal access, misrepresentation, copyright
infringement and child pornography. The fact that the Criminal Code, there are
provisions applicable to similar acts committed outside the network, does not
mean that they can also apply to acts committed on the Internet. Therefore, to
identify any possible gaps is vital careful analysis of existing national laws.
In
addition to the provisions of substantive criminal law, law enforcement
agencies need the necessary tools to investigate cybercrime. Such
investigations themselves present a variety of problems. Violators can operate
from almost any location in the world and to take steps to disguise his
identity. Appliances and tools required for the investigation of offenses in
the global communication networks may be quite different from those used for
ordinary crime investigations.
This
is also due to the fact that the prevention of crime on the Internet - it is a
global problem that can't be solved adopting local measures. The combined
efforts of law enforcement agencies of different countries as well as the
security services of individual organizations and ordinary Internet users
should be directed to the development and improvement of various forms of
cooperation, as well as use in practice has made recommendations to improve the
effectiveness of protection of information flow on the Internet from the
growing shaft of illegal encroachments that plays an important role in
maintaining the national security of any state.
Summarizing
all the above, we can conclude that the crimes in the global communication
networks have a huge palette of diversity, hence the need to develop not only
adequate legislation but also special mechanisms to investigate crimes of this
group.
List of references:
1.
Lenta.ru, 25.10. 2013: http://lenta.ru/news/2013/10/25/thirtyfive/
2.
«Bild am Sonntag», 27.10.2013 // http://www.bild.de/news/startseite/news/testbuehne-news-15479264.bild.html;
Merkels
Handy steht seit 2002 auf US-Abhörliste // Der Spiegel. - 2013, 27 Oktober
3.
Obama three years knew about tapping Merkel, writes the media; NSA denied that
Obama back in 2010 knew about tapping Merkel; The scandal surrounding the
collection of data on calls to the USA: <http://lenta.ru/news/2013/10/27/merkelhandy/>,
27.10.2013
4.
"The scandal surrounding the collection of data on calls to the United
States"; "Snowball"; "NSA accused of spying for the
Government of Italy"; "NSA accused of spying for the presidents of
Brazil and Mexico", "Media: The US Embassy in Athens, the center is
equipped with wiretapping«: http://lenta.ru/news/2013/10/27/merkelhandy/,
24-29.10.2013
5.
Op. by: "France Press", 27 October 2013 (www.afp.com) // RIA.World
<http://ria.ru/world/20130708/948185111.html/>; RIA.World, 27.10. 2013 //
http://ria.ru/world/20130708/948185111.html/
6.
WTSA Resolution 50: Cyber security (Rev. Johannesburg, 2008)
available at: http://www.itu.int/dms_pub/itu-t/opb/res/T-RES-T.50-2008-PDF-
E.pdf; ITU WTSA Resolution 52: Countering and combating spam (Rev.
Johannesburg, 2008)
available at: http://www.itu.int/dms_pub/itu-t/opb/res/T-RES-T.52-2008-PDF-E.pdf;
ITU WTDC Resolution 45: Mechanism for enhancing cooperation on cybersecurity,
including combating spam (Doha, 2006) available at: http://www.itu.int/ITU-D/cyb/cybersecurity/docs/WTDC06_resolution_45-e.pdf
7. L.F.
Tatarinova Role of fighting cybercrime
in the maintenance of national security // 9 Material and International
scientific-practical conference "Novinata for naprednali science" -
2013. Volume 33. Act. Sofia. "Byal GRAD-BG" LTD. - S.29-32
8.
Schjolberg / Hubbard, Harmonizing National Legal Approaches on Cybercrime, 2005,
available at:
9.
Report on "Understanding Cybercrime: A Guide for Developing Countries»
www.itu.int/ITU-D/cyb/cybersecurity/legislation.html