Nowadays we are more connected than we have ever been in the world as we know it. Sources for searching and receiving information have been tremendously transformed from the old and traditional means, by enabling each and every human being in any corner of the world to have real-time information for the current political and social developments, such as the fragility of democracy and stability in Taiwan, the effective measures taken by the authorities in Luxembourg to counteract the detrimental effects of COVID-19 Pandemic, as well as for the results of Mayoral Elections in Canada.
As we live in the age of science, and enormous advancement of technology, our interconnectedness through online platforms, enhanced the political, social and economic development worldwide, by establishing the new global status-quo. However, all these online platforms, virtual superstructures and advanced means of communication do not come without major challenges, as our personal information and confidential data might be misused and the probability of being affected or fall victim of cyber-attacks and other types of virtual crimes such as, “deep fakes”, fake news and disinformation campaigns propagated and financed by public, private or other relevant entities, is a global emergency considering the increasing scale of these crimes.
Pandemic effects on free and secure cyberspace
COVID-19 pandemic, has become a paradise for the perpetrators by enabling relevant infrastructures for committing such crimes considering that the major part of the businesses and services are shifting from physical to hybrid and/or completely online trading of goods and services. The significant increase of economic espionage and state-sponsored cyber-attacks has seriously deteriorated the EU economy and stability, by targeting mainly state agencies and big companies, intruding into information systems, stealing critical data and holding companies to ransom.[1]
According to the statistics from the study conducted by the United Kingdom Department for Digital Culture, Media and Sport[2], the percentage of cybercrimes affecting private businesses has increased from 22% (twenty-two percent) to 32% (thirty-two percent) from 2017 to 2020.
Furthermore, more than 40% of the experts surveyed by Allianz Global Corporate & Specialty, consider Cyber-threats as the biggest threat to be faced during 2022 for medium and big Enterprises, being that statistics emphasize that the hazardous effect of such attacks shall surpass the jeopardy represented by the natural catastrophes, climate change and COVID-19 pandemic disruption.[3]
Challenges in combating cybercrimes
But where do the public institutions, domestic, European and International Law Enforcement Agencies stand on counteracting this concerning phenomenon.
Several components and indicators contribute as enforcing layers and avant-garde techniques for committing any form of cybercrimes, bearing in mind that the perpetrators are using untraceable devices for communication, such as “EncroChat” or illegal digital platforms designated as “dark web”. [4]
The magnitude of cybercrimes surpasses the classic and traditional modus-operandi of other crimes, considering that these types of crimes typically are coordinated and materialized in different countries around the world, which require parallel investigations, (respecting ne bis in idem principle) intensified cooperation and joint police operations conducted in different jurisdictions.
Concerning statistics[5] as reflected by the “Cyber-crime Magazine”, cybersecurity ventures anticipate that there is a possibility that global cybercrime costs will reach 10.5 trillion $ annually by 2025.
Cybercrime is one of the EU’s priorities[6] in the fight against serious and organized crime, involving law enforcement mechanisms such as, “European Judicial Cybercrime Network”, “European Union Agency for Cybersecurity”, “The SIRIUS Project”, sophisticated structures which combine different types of expertise, dedicated to counteract any type of cyber-crimes, deep-fakes and disinformation campaigns.
Several official international legal acts and conventions have been compiled, focused on strengthening the resilience of public and private institutions, such us; “Budapest Convention on Cybercrime”, “The Digital Services Act (DSA)”, “International Cybercrime Treaty”, “The UN Cybercrime Treaty” etc.
By the Principle “What is illegal offline should be illegal online”, European Commission has drafted “The Digital Services Act (DSA)”[7], which aims to guarantee adequate and safe implementation of digital services and cooperation of the public institutions and different enterprises at the European level, enabling economic stability and prosperity focusing on rule of law and the respect for fundamental human rights and liberties.
Experts at the international level have emphasized the importance of involving AI in mitigating and minimizing cyber threats, considering its sophisticated protection system, which hinders the possibilities of compromising digital platforms and IT systems. [8]
Albanian context
Governmental Institutions in Albania have shown their commitment and willingness on ratifying and adapting the international conventions on Cybercrimes, enhancing their collaboration on counteracting any type or form of cybercrime, by constantly revising and improving Law No. 7895 dated on January 27th 1995 (updated), “Criminal Code of the Republic of Albania”, (the “Criminal Code”), drafting the National Strategy on Cyber Protection for 2021-2023[9], Law No. 2/2017 “On Cyber-Security”, and other legal and sublegal acts aiming the fortification of the domestic legal framework as a counteracting mechanism for cybercrime activities.
Special provisions of the “Criminal Code,” [10]such as Article 192/b/1 “Hacking”; Article 186/a “Identity theft or identity fraud”, Article 293/b “Infection of IT systems with malware”, which criminalize and prosecute cybercrimes, bring clear definitions on the nature and forms of cybercrimes, enabling mechanisms on detecting, preventing and prosecuting different forms of cybercrimes such as; hacking, phishing, infection of IT systems with malwares, identity theft or identity fraud and other forms of cybercrimes for which articles stipulated in the Criminal Code, envisage harsh sentences for the perpetrators as an adequate legal remedy.
Conclusions
The coherent and frequent implementation of the most advanced digital tools, followed by the unification of the international legislation on cybersecurity, is crucial on enabling the smooth and successful global transition in the 4th Industrial Revolution. As it was also stated by the European Cyber Security Organization Secretary General[11], enhancing the investments on securing a free and strong cyberspace, would also potentially increase the investments of foreign companies and big enterprises in EU zone, following the example of US and Israel in this regard.
It is a necessity for all law enforcement agencies, different governmental institutions, enterprises and individuals to cooperate in every level on exchanging information and reporting any potential or actual cyber-attack, as an adequate measure which contributes as a holistic approach on ensuring free and secure cyber-space world widely.
An example in this regard is the commitment of EU institutions[12] on intensifying their cooperation and financial investment for the minimization of cyber-threats, by achieving cyber resilience, reducing cybercrime, developing cyber defense policy and capabilities related to the EU’s common security and defense policy (CSDP), developing the industrial and technological resources for cyber security and establishing a coherent international cyberspace policy for the EU countries.
Regardless of the efforts of the governmental and law enforcement institutions in Albania, to expand and further improve their counteracting mechanisms against any potential cyber-threat, there is still a lot to be done in this field.
There are many aspects that should be combined and aligned while compiling and further improving the national cyber security strategy, by identifying all public institutions in charge of ensuring a free and secure cyberspace and the means of their collaboration, as well as creating new ways of cooperation by and between such institutions with the private sector, as a crucial and important pillar to successfully implement a national cyber security strategy.
In addition, as it also advised by the “Guide for Good Governance on Cyber security” [13], that the cyber security national strategies should stipulate as well as promote, the respect for fundamental human rights, such as privacy and freedom of expression, as a guarantee for a free and open cyber space.
[1] European Commission; “Cybersecurity Strategy of the European Union – An Open, Safe and Secure Cyberspace”, (dated on February 7th 2013) available online: https://data.consilium.europa.eu/doc/document/ST%206225%202013%20INIT/EN/pdf
[2] Official Statistics updated by the Cyber-Security breaches (dated on 26th of March 2020) Available online: https://www.gov.uk/government/statistics/cyber-security-breaches-survey-2020/cyber-security-breaches-survey-2020;
[3] Statista, “The Biggest Business Risks in 2022”, (dated on 19th of January 2022) Available online: https://www.statista.com/chart/26631/most-relevant-business-risks-in-2022/
[4] Eurojust, “Overview report on challenges and best practices from Eurojust’s casework in the area of cybercrime,” (dated on November 2020) Available online: file:///C:/Users/User/Downloads/Cybercrime%20Eurojust%20report%20for%202021.pdf
[5] Cybercrime Magazine: Cybercrime to cost the world 10.5 trillion $ annually by 2025 (dated on November 13th 2020), Available online: https://cybersecurityventures.com/cybercrime-damages-6-trillion-by-2021/
[6] Enisa, European Union Agency for Cybersecurity – “Cloud Security and Big Data”, Available online: https://www.enisa.europa.eu/topics/cloud-and-big-data/cloud-security/governmental-cloud-security/governmental-clouds-security
[7] What is illegal offline should be illegal online: Council agrees position on the Digital Services Act (dated on 25th of November 2021) Available online: https://www.consilium.europa.eu/en/press/press-releases/2021/11/25/what-is-illegal-offline-should-be-illegal-online-council-agrees-on-position-on-the-digital-services-act/
[8] Balbix: Using Artificial Intelligence in Cybersecurity, Available online: https://www.balbix.com/insights/artificial-intelligence-in-cybersecurity/
[9] Albanian Ministry of Defense – “National Strategy on Cyber Protection for 2021-2023”, Available online:
https://www.mod.gov.al/images/PDF/2020/Strategjia-Mbrojtjen-Kibernetike-2021-2023.pdf
[10] Criminal Code of the Republic of Albania, pages 123, 126 and 187; (dated August 2017) Available online: https://www.pp.gov.al/rc/doc/kodi_penal_2017_1200.pdf
[11] European Cyber Security Organization, newsroom, Available online: https://ecs-org.eu/newsroom/ecso-and-its-members-lay-out-the-priorities-for-more-strategic-investments-and-a-unified-european-cybersecurity-ecosystem
[12] EU cyber security strategy: An open, safe and secure cyberspace, Available online: https://www.cyberwiser.eu/content/eu-cyber-security-strategy-open-safe-and-secure-cyberspace
[13] Guide for Good Governance on Cyber Security, DCAF – Geneva Center for Security Sector Governance, Geneva – 2019, Available online: https://dcaf.ch/sites/default/files/publications/documents/CyberSecurity_Governance_AL_Jan2021_0.pdf
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Mario Prendi
Mario is currently working as a Legal Officer at the Regional Youth Cooperation Office, an intergovernmental organization, where he mainly works with contract drafting and negotiation, offering legal representation and advice, providing litigation services as well as contributing in the regional projects by drafting different legal documents, regulations and policies.
Mario has been actively contributing in different NGO-s focused in youth empowerment, holding the position of the Board Member in the National Youth Congress of Albania, as well working as a legal expert for “Albanian Helsinki Committee,” and “Legal and Territorial Research Institute”, NGO-s focused in human rights protection and rule of law, contributing in crucial components of Justice Reform in Albania for the Reformation of Juvenile Criminal Justice system, monitoring trials for the adequate implementation of Mediation Institute and the protection and promotion of detainees rights by monitoring penitentiary institutions.
Mario holds a BA degree in law, a MSC degree in Criminal Law, and has been also licensed as an attorney at law being a member of the Albanian Bar Association.
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