Rapid development of information technologies around the world, including Azerbaijan, leads to emergence of new types of problems and threats. Issue of internet security becomes immediate with the growth of internet usage, as mankind’s achievements in the field of information technology are not always used in good faith.

Azerbaijan is so far exposed to an initial phase of such crimes compared to the European countries and the U.S. Nevertheless, given the rapid development in the area of information technologies in Azerbaijan, it is only natural that this type of crime will gain urgency. The people and especially the young generation are more eager to absorb the information technologies. Therefore, it is predictable that growth of desire and usage of internet and communication technologies will entail its abuse. Unlike other types of crime this one requires concerted efforts on behalf of law enforcement agencies far beyond the borders of any state.

Pertaining feature of this crime is the great distance that may separate the criminal and the victim. Internet’s capacity is endless and that adds universal dimension to such offense. In this context, Armenia aims to impose information war upon Azerbaijan that already suffers from 20 years long military occupation of its lands. This war is waged not only by amateur hackers but also by the Armenian intelligence services that target web resources of state institutions, public organizations and media outlets, as well as disseminate false information and engage in other types of cybercrimes.

Azerbaijan’s response has to be adequate; law enforcement agencies of all the countries must mobilize their resources and coordinate their activity in combating this evil. Timely acknowledgment of the crime would be conducive to swift disclosure. Therefore, exchange of international expertise, and training of personnel in the countries with greater experience in the field of information security is especially significant. It is the “especially talented” law enforcement personnel that must confront “especially talented” criminals.

Some experts recommend programmers engaged in internet security to conduct preemptive activity because professional has to be a bit of a hacker to predict the actions of potential adversaries. “Ethical hacking” is suggested as the best option here that implies testing of a given system for integrity (for security reasons) upon the consent of the supervisors. It has to be acknowledged that owing to common and indivisible nature of the information space the countries are doomed to cooperation. Thus, respective legislature has to be streamlined. Reliable and credible legislature needs to be compiled to be enforced for investigation of malicious cyber activity outside of the country. In the meantime, it is commendable that international community realizes the need for concerted efforts against the cybercrime. It is not incidental that fighting cybercrime was one of the central topics on the agenda of the G8 Summit in Deauville, where Russia forwarded new propositions in this field.

There were lively discussions among the G8 countries regarding new methods of addressing the problem as well as aspects not reflected in the international convention with regards to fighting cybercrime. Final declaration of the G8 countries included issues related to combating cybercrime and described as combination of criminal, terror and military threats. Moreover, cyber-security is the one of the key components of the NATO’s strategic concept.

Let us scrutinize legislature in the area of combating cybercrime in some of more experienced countries. Law enforcement and justice institutions of certain countries that faced computer crimes have initially started to apply conventional norms of justice applied in other types of crimes such as theft or scam but they soon have realized the futility of such an approach. Cybercrime does not fall under any category of criminal responsibility normally applied. Those countries were caught off-guard by billion dollar cyber scams, and perilous consequences of that malicious activity. Thus, new legal norms were introduced to tackle a threat previously unknown to mankind throughout its evolution.

Inaugural piece of legislature in computer related crimes - the “Data Act” was adopted on April 02, 1973 in Sweden. It stipulated criminal responsibility for illegal access to a computer system that leads to theft of funds, bonds, property or valuable information. Arizona and Florida were the first states in the U.S. to introduce legislature on fighting computer crimes in 1978. Basic system of computer related crimes to be incorporated into penal legislature in the U.S. was announced during the American Bar Association’s Dallas Conference in 1979.

Certain measures are undertaken in the legislature of post soviet countries, in Azerbaijan’s immediate neighborhood. Russia that claims 20% of global cybercrime related revenues (1 billion USD annually) belongs to top three along with the U.S. and China. Nevertheless, we believe experience of post soviet countries is more interesting to scrutinize. Human rights advocates in Russia, Moldova and elsewhere are cautiously warning that streamlining of national legislature may seriously jeopardize internet freedom, while premeditated restrictions would threaten fundamental human rights. Indeed, Azerbaijan has to take into account the experience of its neighborhood in streamlining its legislature with the norms of international law.

In the conclusion I wish to mention the opinions of researchers with the Organization for Economic Development and Cooperation. In their report they insist that consistency of skillfully executed cyber attacks may entail technogenic disasters. Co-authors of the report, Peter Sommer, professor with the London School of Economics and Dr. Ian Brown, of the Oxford Internet Institute believe that damage inflicted by the well-implemented cybercrimes may soon be equaled to the consequences of natural cataclysms. Researchers insist that even today means of fighting cybercrime are insufficient.

Cyber threats in Azerbaijan, with developing information technologies and significant number of internet users, must not be underestimated given that in 2003, internet users constituted 5-10% of the population, while in 2012 this figure stood at 50%. This is an average European index. Therefore, fighting cybercrime has to be adequate.

Fuad Huseynzade

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