Experts’ Group on Cybercrime (SPSG)APECTEL 47

Bali, Indonesia

＠ Padma Resort, Bali Republic of Indonesia

23 April 2013

04/10/2023 APECTEL 47 2

Yu-feng (Harris)

Chen, Chinese Taipei Prosecutor, Chiayi

District Prosecutors Office

Cybercrime and Prosecution in Digital

Age—Now and Future

04/10/2023 APECTEL 47 4

Brief overview of latest cybercrime

prosecution, Chinese Taipei Characteristics of criminality information in

cyber world Web-based investigation and prosecution Challenges Conclusion and outlook

AGENDA

04/10/2023 APECTEL 47 5

Time frame

Sep. 2012 to Feb. 2013 Types of cybercrime

Criminal Code Chapter 36-- “Offenses Against the Computer Security “ Few cases Low penalty

Major types of crimes committed via computer and internet Fraudulence Forging instruments Gambling Intellectual property rights Defamation

Brief overview of latest cybercrime prosecution, Chinese

Taipei (1)

04/10/2023 APECTEL 47 6

From defendants perspective(Nationwide)

5,517 defendants in cases disposed, 1,892 were indicted, 34.3% indictment rate

Relatively low compared with the average 40.6% indictment rate of all types of cases nationwide,

Defendants without criminal record, or just with slight misdemeanor Deferred prosecution with discretion are likely to be

rendered by prosecutors. 16.9% of all, higher than the average 9.5% deferred prosecution

rate of all types of crimes. Defendants are usually ordered to make a written statement of

repentance, or pay a certain sum to governmental account or a designated non-profit or local self-governing organization.

Brief overview of latest cybercrime prosecution, Chinese

Taipei (2)

04/10/2023 APECTEL 47 7

From caseload perspective (Nationwide)

467 cybercrime cases commenced, 0.24% of all 4,218 cybercrime cases disposed, 2.3% of all(source: Ministry of Justice)

Brief overview of latest cybercrime prosecution, Chinese

Taipei (3)

04/10/2023 APECTEL 47 8

Vastly distributed Rapidly transmitted Long Archived Easily collected Quickly searched Possibly manipulated Effectively analyzed

Characteristics of criminality information in cyber world

04/10/2023 APECTEL 47 9

Web-based investigation

04/10/2023 APECTEL 47 10

Growing reliance on digital database

DNA fingerprints, face ID number

“family book”: the Three-level Connection system

Financial records Insurance records Immigration records

Web-based investigation(1)

04/10/2023 APECTEL 47 11

“The Middle-finger Xiao” Incident

Web-based investigation(2)

04/10/2023 APECTEL 47 12

On-line communication takes over

Decline of wiretapping approach Burden of data collection

Cloud computing Advanced encryption Urgent investigation Lack of justice obstruction penalties Shortage of cyber specialists

Challenges

04/10/2023 APECTEL 47 13

Cyber world is an enormous crime database

User data requests worldwide have increased by more than 70% since 2009. From July 2012 through December 2012, Google received 21,389 requests for information about 33,634 user accounts(Google Transparency Report).

Increasing information demand from the authority concerned National security section

CISPA (Cyber Intelligence Sharing and Protection Act ) of the U.S. Law enforcement

More laws or regulation of internet governance would be enacted Creating unified online platform for criminal evidence

Cross-jurisdiction mutual assistance Global E-Crime Prosecutors Network, GPEN (under International

Association of Prosecutors)

Conclusion and Outlook

04/10/2023 APECTEL 47 14

Thank You

Yu-feng(Harris) ChenDelegate of Chinese Taipeiharrisychen@gmail.comyufone@mail.moj.gov.tw