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[723] t/oth/0A/0D/T0A0D00000A0002MSWE.doc.
737 With regard to development related to developing countries see: ITU Cybersecurity Work Programme to Assist Developing Countries 2007-2009, 2007, available at: http://www.itu.int/ITU-D/cyb/cybersecurity/docs/itu-cybersecurity-work-programme-developing-countries.pdf.
[724] See for example: ITU WTSA Resolution 50: Cybersecurity (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; EU Communication towards a general policy on the fight against cyber crime, 2007 available at: http://eur-
lex.europa.eu/LexUriServ/site/en/com/2007/com2007_0267en01.pdf; Cyber Security: A Crisis of Prioritization, President's Information Technology Advisory Committee, 2005, available at: http://www.nitrd.gov/pitac/reports/20050301_cybersecurity/cybersecurity.pdf.
[725] For more information see Kellermann, Technology risk checklist, Cybercrime and Security, IIB-2, page 1.
[726] For more information see: http://www.itu.int/osg/csd/cybersecurity/gca/pillars-goals/index.html.
[727] See below: Chapter 4.4.
[728] The negotiations regarding the Convention on Cybercrime took place not only between members of the Council of Europe. Four non-members (the United States of America, Canada, South Africa and Japan) were involved in the negotiations, but no representatives of countries from the African or Arabic regions.
[729] Gercke, The Slow Wake of a Global Approach Against Cybercrime, Computer Law Review International 2006, 141. For an overview about the most important substantive criminal law provisions see below: Chapter 6.1.
[730] See Sieber, Cybercrime, The Problem behind the term, DSWR 1974, 245 et Seqq.
[731] For an overview of the cybercrime-related legislation and their compliance with the international standards defined by the Convention on Cybercrime see the country profiles provided on the Council of Europe website. Available at: http://www.coe.int/cybercrime/. See for example the following surveys on national cybercrime legislation: ITU Survey on Anti-Spam Legislation Worldwide 2005 -, page 5, available at: http://www.itu.int/osg/spu/spam/legislation/Background_Paper_ITU_Bueti_Survey.pdf;Mitchison/Wilikens/Breitenbach/Urry/Portesi - Identity Theft - A discussion paper, page 23 et seq., available at: https://www.prime-project.eu/community/furtherreading/studies/IDTheftFIN.pdf; Legislative Approaches to Identity Theft: An Overview, CIPPIC Working Paper No.3, 2007; Schjolberg, The legal framework - unauthorized access to computer systems - penal legislation in 44 countries, available at: http://www.mosstingrett.no/info/legal.html.
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[732] See below: Chapter 6.1.
7zt7 See below: Chapter 6.1.
[734] For an overview about the most relevant challenges in the fight against Cybercrime see below: Chapter 3.1.
[735] One possibility to mask the identity is the use of anonymous communication services. See: Claessens/Preneel/Vandewalle, 'solutions for Anonymous Communication on the Internet", 1999; Regarding the technical discussion about traceability and anonymity, see: "CERT Research 2006 Annual Report", page 7 et seqq., available at: http://www.cert.org/archive/pdfcert_rsch_annual_rpt_2006.pdf; Regarding anonymous file-sharing systems see: Clarke/Sandberg/Wiley/Hong, "Freenet: a distributed anonymous information storage and retrieval system", 2001; Chothia/Chatzikokolakis, "A Survey of Anonymous Peer-to-Peer File-Sharing", available at: http://www.spinellis.gr/pubs/jrnl/2004-ACMCS-p2p/html/AS04.pdf; Han/Liu/Xiao;Xiao, "A Mutual Anonymous Peer-to-Peer Protocol Desing", 2005.
[736] Regarding legal responses to the challenges of anonymous communication see below: Chapter 6.2.10 and Chapter 6.2.11.
7M See above: Chapter: 3.2.6.
[738] See in this context below: Chapter 6.3.
[739] Hannan, To Revisit: What is Forensic Computing, 2004, available at: http://scissec.scis.ecu.edu.au/publications/forensics04/Hannan.pdf; Etter, The forensic challenges of e-crime, Australasian Centre for Policing Research, No. 3, 2001, page 4, available at:
http://www.acpr.gov.au/pdf/ACPR_CC3.pdf; Regarding the need for standardisation see: Meyers/Rogers, Computer Forensics: The Need for Standardization and Certification, International Journal of Digital Evidence, Vol. 3, Issue 2, available at:
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https://www.utica.edu/academic/institutes/ecii/publications/articles/A0B7F51C-D8F9-A0D0-7F387126198F12F6.pdf; Morgan, An Historic Perspective of Digital Evidence: A Forensic Scientist's View, International Journal of Digital Evidence, Vol. 1, Issue 1; Hall/Davis, Towards Defining the Intersection of Forensic and Information Technology, International Journal of Digital Evidence, Vol. 4, Issue 1; Leigland/Krings, A Formalization of Digital Forensics, International Journal of Digital Forensics, International Journal of Digital Evidence, Vol. 3, Issue 2;
[740] Transaction Authentication Number - for more information, see: "Authentication in an Internet Banking Environment", United States Federal Financial Institutions Examination Council, available at: http://www.ffiec.gov/pdf/authentication_guidance.pdf.
[741] The ITAN system improves the TAN system. The financial institutions provide the customer with a number of TAN-indexed identity numbers. With regard to each relavant transaction, the online banking system requires a specific ITAN number selected at random from the list of supplied TAN. For more information, see: Bishop, "Phishing & Pharming: An investigation into online identity theft", 2005, available at: http://richardbishop.net/Final_Handin.pdf.
[742] Re the various approaches of authentication in Internet banking, see: "Authentication in an Internet Banking Environment", United States Federal Financial Institutions Examination Council, available at: http://www.ffiec.gov/pdf/authentication_guidance.pdf.
[743] Regarding the approaches to coordinate the cooperation of law enforcement agencies and Internet Service Providers in the fight against Cybercrime see the results of the working group established by Council of Europe in 2007. For more information see: http://www.coe.int/cybercrime/.
[744] Capcity Buidling is in general defined as the creation of an enabling environment with appropriate policy and legal frameworks, institutional development, including community participation (of women in particular), human resources development and strengthening of managerial systems, adding that, UNDP recognizes that capacity building is a long-term, continuing process, in which all stakeholders participate (ministries, local authorities, non-governmental organizations and water user groups, professional associations, academics and others.
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[745] At the G8 Conference in Paris in 2000, Jean-Pieree Chevenement, the French Minister of Interior, stated: "More broadly, we have to educate users. They must all understand what they can and can't do on the Internet and be warned of the potential dangers. As use of the Internet grows, we'll naturally have to step up our efforts in this respect." Regarding user education approaches in the fight against Phishing, see: "Anti-Phishing Best Practices for ISPs and Mailbox Providers", 2006, page 6, available at: http://www.anti-phishing.com/reports/bestpracticesforisps.pdf; Milletary, "Technical Trends in Phishing Attacks", available at: http://www.cert.org/archive/pdl/Phishing_trends.pdf. Re sceptical views regarding user education, see: Gorling, "The Myth Of User Education", 2006, available at: http://www.parasite-economy.com/texts/StefanGorlingVB2006.pdf.
[746] "Anti-Phishing Best Practices for ISPs and Mailbox Providers", 2006, page 6, available at: http://www.anti- phishing.com/reports/bestpracticesforisps.pdf; Milletary, "Technical Trends in Phishing Attacks", available at: http://www.cert.org/archive/pdf/Phishing_trends.pdf.
[747] Shaw, "Details of anti-phishing detection technology revealed in Microsoft Patent application", 2007, available at: http://blogs.zdnet.com/ip-telephony/?p=2199. "Microsoft Enhances Phishing Protection for Windows", MSN and Microsoft Windows Live Customers - Cyota Inc., Internet Identity and MarkMonitor to provide phishing Web site data for Microsoft Phishing Filter and SmartScreen Technology services, 2005, available at: http://www.microsoft.com/presspass/press/2005/nov05/11- 17EnhancesPhishingProtectionPR.mspx.
[748] For a different opinion, see: Gorling, "The Myth Of User Education", 2006, at:http://www.parasite- economy.com/texts/StefanGorlingVB2006.pdf.
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[749] At the G8 Conference in Paris in 2000, Jean-Pieree Chevenement, the French Minister of Interior, stated: "More broadly, we have to educate users. They must all understand what they can and can't do on the Internet and be warned of the potential dangers. As use of the Internet grows, we'll naturally have to step up our efforts in this respect."
[750] "The United States Federal Bureau of Investigation has requested companies not to keep quiet about phishing attacks and attacks on company IT systems, but to inform authorities, so that they can be better informed about criminal activities on the Internet. "It is a problem for us that some companies are clearly more worried about bad publicity than they are about the consequences of a successful hacker attack," explained Mark Mershon, acting head of the FBI's New York office." See Heise News, 27.10.2007, available at: http://www.heise-security.co.uk/news/80152.
[751] Examples of the publication of cybercrime-related data include: "Symantec Government Internet Security Threat Report Trends for July-December 06", 2007, available at: http://eval.symantec.com/mktginfo/enterprise/white_papers/ent-
whitepaper_internet_security_threat_report_xi_03_2007.en-us.pdf; Phishing Activity Trends, Report for the Month of April 2007, available at: http://www.antiphishing.org/reports/apwg_report_april_2007.pdf.
[752] Regarding the extend of transnational attacks in the the most damaging cyber attacks see: Sofaer/Goodman, Cyber Crime and Security - The Transnational Dimension in Sofaer/Goodman, The Transnational Dimension of Cyber Crime and Terrorism, 2001, page 7, available at: http://media.hoover.org/documents/0817999825_1.pdf.
[753] The first defined and still most important communication protocols are: TCP (Transmission Control Protocol) and the IP (Internet Protocol). For further information see: Tanebaum, Computer Networks; Comer, Internetworking with TCP/IP - Principles, Protocols and Architecture.
[754] See Huebner/Bem/Bem, Computer Forensics - Past, Present And Future, No.6, available at: http://www.scm.uws.edu.au/compsci/computerforensics/Publications/Computer_Forensics_Past_Present_Future.pdf; Regarding the possibilities of network storage services see: Clark, Storage Virtualisation Technologies for Simplifying Data Storage and Management.
[755] Regarding the need for international cooperation in the fight against Cybercrime see: Putnam/Elliott, International Responses to Cyber Crime, in Sofaer/Goodman, The Transnational Dimension of Cyber Crime and Terrorism, 2001, page 35 et seqq., available at: http://media.hoover.org/documents/0817999825_35.pdf; Sofaer/Goodman, Cyber Crime and Security - The Transnational Dimension in Sofaer/Goodman, The Transnational Dimension of Cyber Crime and Terrorism, 2001, page 1 et seqq., available at: http://media.hoover.org/documents/0817999825_1.pdf
[756] National Sovereignty is a fundamental principle in International Law. See Roth, State Sovereignty, International Legality, and Moral Disagreement, 2005, page 1, available at: http://www.law.uga.edu/intl/roth.pdf.
[757] This includes regional approaches.
[758] The Group of Eight (G8) consists of eight countries: Canada, France, Germany, Italy, Japan, Great Britain, United States and the Russian Federation. The Presidency of the group that represents more than 60% of the world economy (Source: http://undp.org) rotates every year.
[759] The idea of the creation of five Subgroups - among them, one on High-Tech Crimes - was to improve the implementation of the Forty Recommendations adopted by G8 Heads of State in 1996.
[760] The establishment of the Subgroup (also described as the Subgroup to the "Lyon Group") continued the efforts of the G8 (at that time still G7) in the fight against organised crime, that started with the launch of the Senior Experts Group on Organised Crimes (the "Lyon Group") in 1995. At the Halifax summit in 199,5 the G8 expressed: "We recognize that ultimate success requires all Governments to provide for effective measures to prevent the laundering of proceeds from drug trafficking and other serious crimes. To implement our commitments in the fight against transnational organized crime, we have established a group of senior experts with a temporary mandate to look at existing arrangements for cooperation both bilateral and multilateral, to identify significant gaps and options for improved coordination and to propose practical action to fill such gaps". See: Chairman's Statement, Halifax G7 Summit, June 17, 1995. For more information see: ITU Global Cybersecurity Agenda / High-Level Experts Group, Global Strategic Report, 2008, page 17, available at: http://www.itu.int/osg/csd/cybersecurity/gca/global_strategic_report/index.html.
[761] Regarding the G8 activities in the fight against Cybercrime see as well: United Nations Conference on Trade and Development, Information Economy Report 2005, UNCTAD/SDTE/ECB/2005/1, 2005, Chapter 6, page 233, available at: http://www.unctad.org/en/docs/sdteecb20051ch6_en.pdf.
[762] "Communiqué of the Ministerial Conference of the G-8 Countries on Combating Transnational Organized Crime", Moscow, 19-20 October, 1999.
[763] The idea of a 24/7 Network has been picked up by a number of international approaches in the fight against cybercrime. One example is Article 35 of the Convention on Cybercrime:
(1) Each Party shall designate a point of contact available on a twenty-four hour, seven-day-a-week basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence. Such assistance shall include facilitating, or, if permitted by its domestic law and practice, directly carrying out the following measures:
a) the provision of technical advice;
b) the preservation of data pursuant to Articles 29 and 30;
c) the collection of evidence, the provision of legal information, and locating of suspects. [...]
[764] Jean-Pieree Chevenement, the French Minister of Interior, stated: "Now that the G8 has provided the impetus, it's vital that we formalize the new legal rules and procedures for cooperation in a legal instrument applying world-wide. For France, the negotiations under way in the Council of Europe on a Convention on Cyber-Crime are of fundamental importance for several reasons. The draft currently under discussion defines the offences which all States would have to recognize. It goes on to propose ways in which they could cooperate, taking up, for example, the idea of national contact points. It also proposes extradition procedures. In short, this agreement is an essential instrument, which France wants to see concluded within a reasonable period of time. The important thing about these negotiations is that the countries involved include some major countries outside the Council of Europe and that, once signed, this convention will be opened for signature by all States wishing to accede to it. The idea is in fact to get a convention which applies world-wide so that there can be no more "digital havens" or "Internet havens" in which anyone wanting to engage in shady activities can find all the facilities they need, including financial ones, for laundering the product of their crimes. Since we must
never lose sight of the fact that the Internet is a global system and that no country can isolate itself from the rules under which it has to operate."
[765] G8 Government-Industry Workshop on Safety And Security In Cyberspace, Tokyo, May 2001.
[766] The experts expressed their concerns regarding implementation of a data retention obligation. "Given the complexity of the above noted issues blanket solutions to data retention will likely not be feasible"; "Report for the workshop on Potential Consequences for Data Retention of Various Business Models Characterizing Internet Service Providers", G8 Government-Industry Workshop on Safety And Security in Cyberspace, Tokyo, May 2001.
[767] G8 Justice and Home Affairs Communiqué, Washington DC, May 11, 2004.
[768] G8 Justice and Home Affairs Communiqué Washington DC, May 11, 2004:10. "Continuing to Strengthen Domestic Laws": To truly build global capacities to combat terrorist and criminal uses of the Internet, all countries must continue to improve laws that criminalize misuses of computer networks and that allow for faster cooperation on Internet-related investigations. With the Council of Europe Convention on Cybercrime coming into force on July 1, 2004, we should take steps to encourage the adoption of the legal standards it contains on a broad basis."
[769] The participants expressed their intention to strengthen the instruments in the fight against Cybercrime: "We discussed the necessity of improving effective countermeasures that will prevent IT terrorism and terrorist acts in this sphere of high technologies. For that, it is necessary to devise a set of measures to prevent such possible criminal acts, including in the sphere of telecommunication. That includes work against the selling of private data, counterfeit information and application of viruses and other harmful computer programs. We will instruct our experts to generate unified approaches to fighting cyber criminality, and we will need an international legal base for this particular work, and we will apply all of that to prevent terrorists from using computer and Internet sites for hiring new terrorists and the recruitment of other illegal actors". See: http://www.g7.utoronto.ca/justice/justice2006.htm.
[770] Regarding the topic Cyberterrorism see above: Chapter 2.8.1; In addition see See: Lewis, "The Internet and Terrorism", available at: http://www.csis.org/media/csis/pubs/050401_internetandterrorism.pdf; Lewis, "Cyber-terrorism and Cybersecurity";
http://www.csis.org/media/csis/pubs/020106_cyberterror_cybersecurity.pdf; Denning, "Activism, hacktivism, and cyberterrorism: the Internet as a tool for influencing foreign policy", in Arquilla/Ronfeldt, Networks & Netwars: The Future of Terror, Crime, and Militancy, page 239 et seqq., available at: http://www.rand.org/pubs/monograph_reports/MR1382/MR1382.ch8.pdf; Embar-Seddon, "Cyberterrorism, Are We Under Siege?", American Behavioral Scientist, Vol. 45 page 1033 et seqq; United States Department of State, "Pattern of Global Terrorism, 2000", in: Prados, America Confronts Terrorism, 2002, 111 et seqq.; Lake, 6 Nightmares, 2000, page 33 et seqq; Gordon, "Cyberterrorism", available at: http://www.symantec.com/avcenter/reference/cyberterrorism.pdf; United States National Research Council, "Information Technology for Counterterrorism: Immediate Actions and Future Possibilities", 2003, page 11 et seqq. OSCE/ODIHR Comments on legislative treatment of "cyberterror" in domestic law of individual states, 2007, available at: http://www.legislationline.org/upload/ lawreviews/93/60/7b15d8093cbebb505ecc3b4ef976.pdf.
[771] The summit declaration calls for measures in the fight against cyberterrorism: "Effectively countering attempts to misuse cyberspace for terrorist purposes, including incitement to commit terrorist acts, to communicate and plan terrorist acts, as well as recruitment and training of terrorists" For more information see: http://en.g8russia.ru/docs/17.html.
[772] For more information see: ITU Global Cybersecurity Agenda / High-Level Experts Group, Global Strategic Report, 2008, page 17, available at: http://www.itu.int/osg/csd/cybersecurity/gca/global_strategic_report/index.html.
[773] The United Nations (UN) is an international organisation founded in 1945 that had 191 Member States in 2007.
[774] A/RES/45/121 adopted by the UN General Assembly on 14 December 1990. The full text of the Resolution is available at: http://www.un.org/documents/ga/res/45/a45r121.htm
[775] UN Manual on the Prevention and Control of Computer-Related Crime (United Nations publication, Sales No. E.94.IV.5), available
at http://www.uncjin.org/Documents/EighthCongress.html.
[776] A/RES/55/63. The full text of the Resolution is available at: http://www.unodc.org/pdf/crime/a_res_55/res5563e.pdf.
[777] A/RES/56/121. The full text of the Resolution is available at http://daccessdds.un.org/doc/UNDOC/GEN/N01/482/04/PDF/N0148204.pdf.
[778] Regarding the Creation of the Working Group, see the UN press release, 21st of September 2004, available at: http://www.un.org/apps/news/story.asp?NewsID=11991&Cr=intemet&Cr1=.
[779] "Declaration Synergies and Responses: Strategic Alliances in Crime Prevention and Criminal Justice", available at: http://www.unodc.org/pdf/crime/congress11/BangkokDeclaration.pdf.
[780] The Commission on Crime Prevention and Criminal Justice (CCPCJ) was set up in 1991. It is a subsidiary body of the Economic and Social Council
[781] CCPCJ Resolution 16/2 on Effective crime prevention and criminal justice responses to combat sexual exploitation of children. Regarding the discussion process within the development of the resolution and for an overview about different existing legal instruments see: Note by the Secretariat regarding Commission on Crime prevention and criminal justice responses to urban crime, including gang-related activities, and effective crime prevention and criminal justice responses to combat sexual exploitation of children, CN.15/2007/CRP.3, available at: http://www.unodc.org/pdf/crime/session16th/E_CN15_2007_CRP3_E.pdf. Regarding the initiative to the resolution see: http://www.america.gov/st/washfile-english/2007/April/20070423135940ajesrom0.709469.html.
[782] ECOSOC Resolution 2004/26 International cooperation in the prevention, investigation, prosecution and punishment of fraud, the criminal misuse and falsification of identity and related crimes, available at: http://www.un.org/ecosoc/docs/2004/Resolution%202004-26.pdf
[783] ECOSOC Resolution 2007/20 on international cooperation in the prevention, investigation, prosecution and punishment of economic fraud and identity-related crime, available at: http://www.un.org/ecosoc/docs/2007/Resolution%202007-20.pdf.
[784] Regarding Internet-related ID-Theft, see above: Chapter 2.7.3 and below: Chapter 6.1.15.
[785] ECOSOC Resolution 2004/42 on sale of internationally controlled licit drugs to individuals via the Internet, available at: http://www.un.org/ecosoc/docs/2004/Resolution%202004-42.pdf.
[786] The International Telecommunication Union (ITU) with headquarter in Geneva was founded as International Telegraph Union in 1865. It is a specialised agency of the United Nations. The ITU has 191 Member States and more than 700 Sector Members and Associates. For more information see http://www.itu.int.
[787] WSIS Geneva Plan of Action, 2003, available at http://www.itu.int/wsis/documents/doc_multi.asp?lang=en&id=1160l0.
[788] WSIS Tunis Agenda for the Information Society, 2005, available at: http://www.itu.int/wsis/documents/doc_multi.asp?lang=en&id=2267l0.
[789] For more information on C5 Action Line see http://www.itu.int/wsis/c5/ and also the Meeting Report of the Second Facilitation Meeting for WSIS Action Line C5, 2007, page 1, available at: http://www.itu.int/osg/csd/cybersecurity/pgc/2007/events/docs/meetingreport.pdf and the Meetign Report of the Third Facilitation Meeting for WSIS Action Line C5, 2008, available at:
http://www.itu.int/osg/csd/cybersecurity/WSIS/3rd_meeting_docs/WSIS_Action_Line_C5_Meeting_Report_June_2008.pdf.
[790] For more information, see http://www.itu.int/osg/csd/cybersecurity/gca/pillars-goals/index.html.
[791] http://www.itu.int/osg/csd/cybersecurity/gca/pillars-goals/index.html.
[792] The five pillars are: Legal Measures, Technical and Procedural Measures, Organizational Structures, Capacity Building, International Cooperation. For more information, see: http://www.itu.int/osg/csd/cybersecurity/gca/pillars-goals/index.html.
[793] See: http://www.itu.int/osg/csd/cybersecurity/gca/hleg/index.html.
[794] The Council of Europe, based in Strasbourg and founded in 1949, is an international organisation representing 47 member states in the European region. The Council of Europe is not to be confused with the Council of the European Union and the European Council (informally called the European Summit), as the Council of Europe is not part of the European Union, but a separate organisation.
[795] Twelfth Conference of Directors of Criminological Research Institutes: Criminological Aspects of Economic Crime in Strasbourg, 1976.
[796] The Expert Committee consisted of 15 experts, as well as observers from Canada, Japan, United States, the EEC, OECD and UN. Source: Nilsson in Sieber, "Information Technology Crime", Page 577.
[797] United Nations Conference on Trade and Development, Information Economy Report 2005, UNCTAD/SDTE/ECB/2005/1, 2005, Chapter 6, page 233, available at: http://www.unctad.org/en/docs/sdteecb20051ch6_en.pdf.
[798] Nilsson in Sieber, "Information Technology Crime", Page 576.
[799] Recommendation No. R (89) 9, adopted by the Committee of Ministers on 13 September 1989 at the 428th Meeting of the Ministers Deputies.
[800] Recommendation No. R (95) 13, adopted by the Committee of Ministers on 11 September 1995 at the 543rd Meeting of the Ministers Deputies.
[801] The Guidelines deal with investigative instruments (e.g. Search and Seizure) as well as electronic evidence and international cooperation.
[802] Decision CDPC/103/211196. The CDPC explained their decision by pointing out the international dimension of computer crimes: "By connecting to communication and information services, users create a kind of common space, called "cyber-space", which is used for legitimate purposes, but may also be the subject of misuse. These "cyber-space offences" are either committed against the integrity, availability and confidentiality of computer systems and telecommunication networks or they consist of the use of such networks of their services to commit traditional offences. The transborder character of such offences, e.g. when committed through the Internet, is in conflict with the territoriality of national law enforcement authorities."
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