This document summarizes a presentation on cybercrime prosecution in Chinese Taipei. It provides an overview of recent cybercrime cases from September 2012 to February 2013, which mostly involved fraud, forgery, gambling, intellectual property and defamation crimes. prosecution rates and deferred prosecution rates for cybercrime were lower than average. The presentation also described how information on the internet is widely distributed, rapidly transmitted and long archived, making it useful but also vulnerable for criminal investigations. Challenges included the rise of online communication, cloud computing, encryption and the need for more cybercrime specialists. The conclusion discussed how the internet serves as an enormous crime database and the potential need for more international cooperation on cybercrime.

1. ＠Padma Resort, Bali
Republic of Indonesia
23 April 2013

2. 
Yu-feng (Harris)
Chen,
Chinese Taipei
Prosecutor, Chiayi
District Prosecutors
Office
2013/10/30
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4. AGENDA

 Brief overview of latest cybercrime
prosecution, Chinese Taipei
 Characteristics of criminality information in cyber
world
 Web-based investigation and prosecution
 Challenges
 Conclusion and outlook
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5. Brief overview of latest cybercrime
prosecution, Chinese Taipei (1)
 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





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Fraudulence
Forging instruments
Gambling
Intellectual property rights
Defamation
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6. Brief overview of latest cybercrime
prosecution, Chinese Taipei (2)

 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.
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7. Brief overview of latest cybercrime
prosecution, Chinese Taipei (3)

 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)
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8. Characteristics of criminality
information in cyber world

 Vastly distributed
 Rapidly transmitted
 Long Archived
 Easily collected
 Quickly searched
 Possibly manipulated
 Effectively analyzed
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9. Web-based investigation

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10. Web-based investigation(1)

 Growing reliance on digital database
 DNA
 fingerprints, face
 ID number
 “family book”: the Three-level Connection system
 Financial records
 Insurance records
 Immigration records
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11. Web-based investigation(2)

 “The Middle-finger Xiao” Incident
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12. Challenges

 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
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13. Conclusion and Outlook

 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)
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14. Thank You

Yu-feng(Harris) Chen
Delegate of Chinese Taipei
harrisychen@gmail.com
yufone@mail.moj.gov.tw
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