E/INCB/2001/1

I. Globalization and new technologies: challenges to drug law enforcement in

the twenty-first century

1. Globalization and new communication effects of these phenomena on society are being
technologies have brought innumerable benefits to our undermined by individuals and criminal groups for
society. These benefits have been economic, illicit gain. In particular, they pose new challenges to
educational and cultural and have bridged gaps that the mandates of the three international drug control
seemed insuperable only 10 years ago. Since the end of treaties. The Board, as the guardian of the treaties, has
the cold war, restrictions on international commerce a responsibility to alert Governments and the public at
and finance have fallen away and deregulation and large to these challenges.
liberalization have boosted global trade, while the
4. The Board has been concerned for some time
collapse of communism in the former East bloc has
over the misuse of new technologies in the field of
stimulated the growth of new, free-market economies
internationally controlled drugs. In the report of the
and the intense cross-border movement of people,
Board for 1997, 1 attention was drawn to the fact that,
goods and capital. The number of Internet users around
in violation of article 3 of the United Nations
the world virtually doubles every six months and is
Convention against Illicit Traffic in Narcotic Drugs
expected to reach 700 million by the end of 2001. The
and Psychotropic Substances of 1988, 2 information
information technology industry has become a global
disseminated through electronic and other media
wealth generator in which developed and developing
appeared to be offering invitations or inducements to
countries alike have a major stake.
take drugs. In its reports for 1997 3 and 1998, 4 the
2. The assimilation of national economies into a Board noted that the Internet was providing a forum for
single global system, dominated by the performance of the exchange of information and advice on illicit drug
stock exchanges and capital markets, extends beyond use and manufacture. In its report for 2000, 5 the Board
economics to the roots of cultural and social identity. expressed concern over the unregulated growth of
The fall of ideological barriers has been accompanied Internet pharmacies that promote and offer for sale
on the one hand by economic homogenization and on controlled substances without prescription. Such
the other by political and social fragmentation. In practices violate article 10 of the Convention on
many parts of the world, areas of economic prosperity Psychotropic Substances of 1971, 6 which requires
coexist with pockets of worsening marginalization and parties to that convention, with due regard to their
poverty, while, especially in developing countries, constitutional provisions, to prohibit the advertisement
traditional bonds of social cohesion have been of psychotropic substances to the general public.
weakened by the rapid pace of change. These
disparities are exploited by drug dealers and traffickers
in their attempts to develop new markets. Moreover, in A. Impact of globalization and new
the course of the last decade, the growth in trade and technologies on drug-related crime and
financial activity has provided criminals with greater criminal organizations
possibilities for concealing the illicit transfer of goods
such as internationally controlled drugs and precursor Cyber crime: a definition
chemicals and for disguising the proceeds therefrom. 5. The term “cyber crime” covers many types of
Thus, technological change and the globalization of activities but essentially can be used to describe
trade and finance have provided opportunities not only violations of law that are committed and/or facilitated
for social advancement, but also for new and through the use of electronic media. 7 In comparison
traditional forms of drug-related crime. with ordinary crime, cyber crime requires few
3. The International Narcotics Control Board has resources relative to the damage that can be caused, it
decided to address the theme of globalization and new can be committed in a jurisdiction without the offender
technologies in the present report not in a spirit of being physically present in it and, in many countries,
rejection, but because of the danger that the beneficial offences are inadequately defined or not defined at all;

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hence, personal risk and the likelihood of detection are 10. Drug traffickers use computers and electronic
low. pocket organizers for storing information (such as bank
account numbers, contact details of associates,
Impact on drug-related organized crime databases of assets and financial activity, sales and
other business records, grid coordinates of clandestine
6. Organized crime has its own operative code,
landing strips and recipes for synthetic drug
which flouts the rule of law and depends upon violence
manufacture) and for electronic mail (e-mail) and other
for its enforcement. It has, however, adopted some of
correspondence. 8 Surrogates receive instructions by
the business practices that characterize the legitimate
telephone, fax, pager or computer on where to deliver
economy. Organized criminality has become more
warehouse loads, whom to contact for transportation
transnational and has been restructured and
services and where to send the profits. Greater
decentralized; in other words, it too has globalized.
protection derives from the use of prepaid telephone
7. The pyramid-shaped structure of the single cards, broadband radio frequencies, restricted-access
organized criminal group has tended to make way for Internet chat rooms, encryption, satellite telephony and
fluid networks of cell-type structures in which national “cloned” cellular telephones (so called when the
identity is subordinate to function or skill, although identity codes assigned to legitimate customers are
nationality itself can be a function if it opens the door intercepted and programmed into cellular telephones
to a new market or permits the penetration or used by criminals). 9 Members of drug trafficking
corruption of a particular institution. Transnational organizations can program their computers to detect
criminals do not respect borders in that, in carrying out attempted intrusion and to use “back-hacking”
their activities, they trail their activities across several techniques in order to damage the investigating source.
jurisdictions to minimize law enforcement risks and Such techniques are of particular value to the
maximize profit; thus, no single State can presume that organizers of drug trafficking activities, who rarely
a particular criminal activity falls entirely under its need to leave the protection of their home base in order
jurisdiction. to organize or supervise their operations.
8. The network is the organizational form that 11. Narcotics police in the Hong Kong Special
characterizes globalization in both the licit and illicit Administrative Region of China report that detecting
spheres. For a drug trafficking organization, the the laundering of drug-related funds has become more
network structure has distinct advantages over the difficult with the advance of electronic commerce and
traditional hierarchy: it has a well-protected, dense Internet banking facilities. Drug traffickers communi-
core of organizations or people connected to a looser cate with each other mainly by using mobile
periphery by a multiplicity of links, which makes it telephones with prepaid cards that can be bought
more capable of evading law enforcement efforts. anonymously. China has also reported a case in which
criminals tried to avoid detection by penetrating the
9. Drug trafficking groups utilize new technologies
customs database to alter the details and status of a
in two distinct ways: to improve the efficiency of
commercial freight consignment, a case that
product delivery and distribution through the medium
undoubtedly has implications for drug trafficking.
of secure, instant communications; and to protect
themselves and their illicit operations from 12. In Australia, drug traffickers use a facility offered
investigation by drug law enforcement agencies, to all clients by worldwide courier services to track
sometimes using techniques of counter-attack. New their shipments on the company’s web site. A delay
technologies enable drug trafficking groups to commit may indicate to the traffickers that a controlled
traditional crimes with new methods—for example, to delivery operation has been set in motion. Drug law
conceal information about the shipment of illicit drug enforcement authorities involved in such operations
consignments by means of encrypted messages or to must therefore act within an extremely narrow time
launder drug-related funds by electronic transfer—and limit in order to avoid suspicion.
to commit new offences with new means, for example,
13. The Inter-American Drug Abuse Control
by using information warfare or digital attack against
Commission (CICAD) of the Organization of
intelligence activities of drug law enforcement
American States (OAS) noted in its Hemispheric
agencies.

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Report 1999-2000 10 that the Internet had become the ensuring that even if other computers had been
most widely used medium for expanding the penetrated it would have been impossible to bring
production of synthetic drugs in some countries and down the whole network. The same group had used
that globalization, instant communication and encryption that law enforcement authorities had been
electronic fund transfers had been utilized by organized unable to break in time to act on the information.
criminal groups to improve the efficiency of drug Those methods, in addition to “cloned” cellular
trafficking activities. telephones, had enabled the traffickers to move
hundreds of tons of cocaine during a period of several
14. Drug law enforcement authorities in the Czech
years before being detected. 12
Republic report that nowadays illicit drug sales and
purchases are agreed online at Internet cafes or through 18. Colombian and Mexican drug cartels have used
the use of cellular telephones. Because illicit drug sophisticated equipment for the surveillance of
deals are arranged instantaneously and over short investigating officers and interception of their
distances, interception by drug law enforcement communications, collecting photographs of the officers
authorities is much more difficult. and other personal information. This has also occurred
in Europe. In 1995, a drug trafficking group in the
15. Since 1996, companies based in the Netherlands
Netherlands hired computer specialists to carry out
have been using the Internet to sell cannabis seeds and
hacking operations and to encrypt their communica-
derivatives. According to the International Criminal
tions. Encryption software installed on palmtop
Police Organization (Interpol), at the beginning of the
computers enabled the traffickers to create a secure
year 2000 authorities in the United Kingdom of Great
database on unmarked police and intelligence vehicles.
Britain and Northern Ireland identified over 1,000 web
A laptop computer and disks belonging to the
sites worldwide offering to sell illicit drugs, mostly
investigating authorities were stolen and the resultant
cannabis but also methylenedioxymethamphetamine
information was used to intercept communications
(MDMA, commonly known as Ecstasy), cocaine and
between police officers, who were subsequently
heroin, in direct violation of the international drug
observed and threatened.
control treaties. The Netherlands and Switzerland had
the highest number of such web sites.
Impact on drug abuse
16. Law enforcement agencies in the United States of
19. The spiralling growth in the sale of prescription
America attribute the rapid increase in seizures of
drugs over the Internet represents a serious challenge
laboratories used for the illicit manufacture of meth-
to drug safety regulators and law enforcement
amphetamine to the evolution of technology and the
agencies. According to an oversight committee
increased use of the Internet. In the past, drug recipes
convened by the United States Congress, between 1998
were closely guarded secrets but, with modern
and 1999 the number of pharmaceutical seizures made
computer technology and chemists’ increasing
in the United States rose by 450 per cent—an increase
willingness to share their knowledge, this information
of 7,586 seizures. That trend was attributed largely to
is now available to anyone with computer access. It
Internet purchases. In the first five months of 2000,
does not require a college-educated chemist to produce
some 30 investigations into online pharmaceutical
amphetamine: less than 10 per cent of suspects arrested
sales were opened. 13
for illicitly manufacturing methamphetamine are
trained chemists, a fact that explains the many fires, 20. In the past, the Board has drawn attention to
explosions and injuries in clandestine laboratories. 11 evidence that the Internet is being used as a vehicle for
the exchange of messages and information favouring
17. A drug investigation carried out jointly by
drug abuse, particularly among young people. 14 A
Colombian and United States authorities led to the
simple surfing operation on the Internet lasting a
arrest of 31 drug traffickers in October 1999. It was
matter of minutes may yield detailed instructions for
found that the traffickers had kept in touch with each
manufacturing a wide range of synthetic drugs, reviews
other by using Internet chat rooms protected by
of books on how to obtain internationally controlled
firewalls to make them impenetrable. The details of
precursor chemicals and to operate illicit drug
each day’s trafficking activities had been fed into a
computer located on a ship off the coast of Mexico,

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laboratories, and invitations to buy a wide range of of new global markets in stocks, bonds, futures,
books containing drug recipes. currency and derivatives has enlarged the potential
field of operations for moving large sums
21. The likely consequences of these developments
electronically around the world with speed, ease and
are, in the Board’s view, alarming. One is the potential
secrecy—ideal attributes for launderers of illicit drug
expansion of drug abuse as a result of the incitement to
funds. The use of smart cards and online banking has
produce and consume drugs within a large “club”
reduced face-to-face contact between bank staff and
whose members encourage and assist one another.
clients and, as a result, the efficiency of mechanisms
Another is the “amateurization” of drug-related crime:
for verifying the legitimacy of financial activities.
prospective drug chemists or consumers do not need to
have special contacts or resources or to live in an area 25. Casinos have long been used as an outlet for
where drugs are available; a search engine enables the laundering drug-related funds and other funds of illicit
Internet user to contact like-minded individuals in origin; thus, the extension of this activity through the
different parts of the world and to locate supply Internet is a logical step. Whereas many onshore
sources of which the user would otherwise have been gaming establishments follow regulations against
ignorant. Young people may be drawn into drug-related money-laundering, “virtual casinos” flourish in a
crime by misinformation, propaganda or brainwashing completely unregulated environment. In March 2001, a
on the part of unseen individuals whose aim is to profit gambling enthusiasts’ site listed 12,000 web links,
from a broader drug-consuming population. When the including 2,045 “virtual casinos”.
approach is “virtual”, the warning signals that might
26. In recent years, the financial services industry has
deter or frighten a young person in the real world are
become increasingly competitive, a trend that has
minimized, and the filtering process by which an
discouraged many banks from pursuing due diligence
individual moves into physical contact with a criminal
enquiries lest their customers’ funds be deposited with
organization disappears. In psychological terms,
rival institutions. In an increasingly competitive
“virtuality” could be described as a facilitating factor
market, financial institutions may see compliance with
in the commission of crime.
legislation against money-laundering as being
antithetical to good business and assign low priority,
Impact on money-laundering
few resources and low-calibre personnel to it.
22. The Board is aware that the deregulation of Furthermore, in most countries, almost all suspicious
capital markets and the virtual elimination of exchange transaction disclosures relate to cash transactions. In
controls have led to lower costs and a greater range of increasingly “cashless” societies, this suggests that
choice for bank clients and, therefore, to significant measures against money-laundering, even if followed,
advantages for large sectors of society; however, the have not kept pace with technological change.
Board is concerned that the increasing recourse to
electronic means of financial transfer, together with a
massive growth in the volume and speed of monetary B. Impact of globalization and new
flows, may lead to a reduced capability for detecting technologies on government structures
worldwide movements of illicit capital and therefore to and capabilities designed to combat
increased drug-related money-laundering. drug-related crime
23. The Financial Action Task Force on Money
27. Government structures, in particular judicial and
Laundering has warned that there are
law enforcement agencies set up to tackle drug-related
three characteristics of Internet use that could
crime, have long been faced with the problems of
aggravate certain “conventional” money-laundering
pursuing transnational crime within well-defined limits
risks: ease of access; the depersonalization of contact
of territorial jurisdiction and sovereignty. Since the
between customer and institution; and the rapidity of
ratification of the 1988 Convention, many obstacles
electronic transactions. 15 The globalization of financial
have been overcome by means of bilateral and
markets could be considered an additional risk factor.
multilateral agreements and mutual legal assistance
24. While cash may still be the most common form of treaties. However, the Board is concerned that the
currency for drug deals at the local level, the creation consolidation of international cooperation against

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drug-related crime may be threatened by the adoption agencies to avoid duplicating efforts and wasting
of techniques that enable organizations engaged in resources. While a start has been made, the gap
illicit drug trafficking and production to avoid between criminal and investigative capacities is still all
identification and prosecution. There is no doubt that too evident.
the rapidity with which criminals have taken advantage
of new technologies has not been met by equal Legal challenges
progress within the ranks of law enforcement.
32. The most obvious legislative deficiency with
28. The challenges to drug law enforcement may be which drug law enforcement has to deal is the absence
divided into four types: structural and “mindset” of comprehensive legislation relating to offences
challenges; legal challenges; technical and resource committed in an electronic environment. Some
challenges; and issues involving privacy and freedom countries have none at all, some have adopted
of expression. measures that have been integrated awkwardly into
existing legislation, but relatively few have adequately
Structural and “mindset” challenges updated their penal codes. Even after legislation is
introduced at the national level, many problems will
29. At the end of the cold war, law enforcement and
remain unless Governments at the same time address
intelligence organizations were obliged to undertake
the transnational nature of high-tech crime, which may
structural reforms and a review of priorities that have
originate in one country and have consequences in a
not yet been fully implemented. Today, combating
second while the evidence may be spread through
drug-related crime at the transnational level requires
many more. At present there are no guidelines
another leap forward; it involves not only a structural
concerning which country’s laws should prevail in
approach, but also a “mindset” or overall approach.
pursuing an offence, how court decisions can be
Law enforcement has traditionally taken the form of
enforced if defendants reside abroad and which
structured hierarchies with clear geographical
protocols govern cross-border investigations. 16
demarcation lines. Transnational drug-related crime
challenges this approach, partly because of its cross- 33. Two surveys have exposed the fact that many
jurisdictional operations and partly because of the low- countries are not prepared to meet the challenge of
profile network structure that now predominates. high-tech crime. A management consultancy company
surveyed 52 countries throughout the world for
30. The liberalization of the telecommunications
legislation against high-tech crime and found that 33
sector has had unwanted repercussions for the
had not updated their laws at all, 9 had enacted partial
investigation of crime, leaving Governments to deal
legislation, judged incomplete, and 10 had adopted
with the challenge of trying to disrupt illicit usage
legislation enabling the prosecution of the most serious
without interfering with the now economically
forms of cyber crime. 17 Of those that had updated their
indispensable advantages of licit usage. Traditional
laws, some, such as the Philippines, had only done so
police and investigative strategies are hampered by the
in the wake of a high-profile event, the “ILOVEYOU”
absence of a conceptual and of a practical cooperative
virus, which infected 80 per cent of United States
framework within which high-tech crime can be
government computers and caused damage estimated at
tackled. It is still a nebulous field in which crimes are
US$ 10 billion. The perpetrator had been tracked down
ill-defined and perpetrators and their location are hard
to a suburb of Manila but, as no law in the Philippines
to identify.
prohibited his activities at the time, he could not be
31. To meet these challenges, drug law enforcement held responsible for the damage inflicted nor could he
will have to develop new forms of cooperation, new be extradited to face prosecution in the United States. 18
strategies and new professional skills, all of which
34. In western Europe, replies to a questionnaire on
have significant resource implications. Drug law
drug-related crime committed via the Internet showed
enforcement agencies must set up operational and
that Governments had generally failed to introduce
functional networks at the global level if they are to
legislation against such crime, while any cooperation
succeed in disrupting drug trafficking organizations
between law enforcement and Internet service
effectively. They will also have to develop intelligence
providers was on a voluntary and informal basis. In
and operational relations with other law enforcement

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most countries, Internet service providers operated Technical and resource challenges
outside a specific legal framework and were subject to
37. The technical and resource challenges to law
little or no supervision. The Internet had been used
enforcement in tackling drug-related high-tech crime
principally as a means of communication and of
are formidable. Keeping up with technology implies
exchanging information on the illicit production and
constantly updating equipment and manpower, as well
sale of drugs. Hardly any countries had recorded drug-
as maintaining a “24/7” contact network (operating
related cases in which traffickers had communicated
24 hours a day, 7 days a week) to ensure real-time
with one another by using the Internet, but some lacked
investigation. For many developing countries, this may
sufficient information to assess the phenomenon. All
represent a major burden and may cause the gap
but two countries had recorded the use of encryption
between criminal and investigative capacities to widen.
by criminals in other fields. Almost all countries had a
Some of these countries may become “data havens”,
contact point for sharing information on crimes
where criminals locate their service providers and store
committed via the Internet, although the location
their most sensitive data and where encrypted data are
varied between police, customs, telecommunications
out of the reach of law enforcement agencies. Nations
authorities and computer crime research units.
that do not equip their law enforcement agencies
35. The tracing and seizure of evidence, as well as adequately or that have low standards of electronic
standards of evidence for admissibility in court, are security may be bypassed by electronic commerce
key issues. The process of requesting and obtaining companies, thus becoming economically disadvan-
authorization for search warrants in multiple taged, or they may run the risk of having their
jurisdictions and the time involved to implement electronic messages blocked by the rest of the
them—already problematic—may not be achievable in network. 20 Even developed countries suffer from a
real time, allowing perpetrators to destroy or remove shortage of skilled investigators and prosecutors with
incriminating evidence, for example, of drug the appropriate expertise, since salaries within the
transactions. Other problems arise because of the public sector are invariably lower than those offered by
nature of electronic data. Standards of procedure for private industry.
obtaining authorization to search stored data (carried
out with the knowledge of a suspect) and authorization Encryption
to intercept data (a covert operation) will vary, the
38. Encryption may be seen by law enforcement
latter being subject to more rigorous controls. Yet
agencies as both a blessing and a bane. It facilitates
electronic data such as e-mail messages constitute both
electronic commerce under relatively secure con-
stored data and data in transmission. 19 A review of
ditions, ensures privacy and, together with the use of
legal norms in this area appears to be indispensable.
digital signature, helps to prevent unauthorized access
36. The admissibility in court of evidence of crime to information systems; it also provides drug law
perpetrated electronically is particularly difficult, since enforcement agencies with a valuable tool for com-
electronic data can be modified without leaving a trace. munications and for protecting sources and data. To
Law enforcement will have to develop transparent and many law enforcement agencies, however, it appears
secure procedures that enable authenticity to be proven that the advantages that encryption offers to them are
when electronic data have been transcribed onto hard outweighed by the protection it offers to criminals.
copy. If the process involves decryption, extra skill and
39. Without the capacity to intercept and understand
care will be required to ensure that prosecuting
communications, drug law enforcement is severely
authorities are not open to charges of evidence
handicapped in terms of prevention, detection and
tampering. Moreover, establishing authenticity of
prosecution. As early as 1994, it was reported that
content and source is difficult without revealing in
every major investigation by the Federal Bureau of
public court (and therefore to criminals) the
Investigation of organized crime in the United States
technologies and methods used to read the content.
had relied on electronic surveillance. 21 In the United
Kingdom in 1996 and 1997, the interception of
communications played a part—often a crucial part—
in operations leading to 1,200 arrests, the seizure of

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115 tons of drugs and the seizure of over against child pornography, but this has been achieved
450 firearms. 22 only because the activities concerned arouse universal
condemnation and because mere possession of such
Issues involving privacy and freedom of images constitutes a crime in many countries. In such
expression cases Internet service providers are legally liable if it
can be shown that they were aware that they were
40. In all democracies, the requirement for law
providing access to web sites containing child
enforcement to investigate the private lives of suspects
pornography. Offences relating to child pornography
in order to prevent or detect crime must be balanced
are the only content-related criminal acts specified in
against respect for private property and communica-
the Council of Europe’s Convention on Cybercrime 23
tions. As legislation develops in the field of cyber
(see paragraph 65 below).
crime, this reconciliation is proving to be elusive, all
the more so since the views of a powerful industry
must be heard alongside those of citizens’ groups and C. Future challenges
of law enforcement. Finding a solution represents
another major challenge for the fight against drug- 43. On the basis of the foregoing analysis and in the
related crime. Recent legislative developments light of recent world events, the Board is of the view
concerning data storage have been in the direction of that the following developments may occur if action is
greater protection of individual privacy and of personal not taken at the national and international levels:
data, such that Internet service providers generally may
not store customer information for longer than is (a) Opportunities for all forms of crime may
necessary for billing purposes. To require them to keep increase as online communications, finance and
client log records for criminal investigative purposes is commerce expand. The growth and interdependence of
a delicate matter—in terms of both privacy and cost national economies will make it easier for criminal
implications—that is of concern to industry and civil organizations to blend their operations into legitimate
liberty groups alike. economic activity;

41. The use of the Internet for the exchange of drug (b) Transnational crime may increase as
“recipes” and for sending messages favouring illicit networks make cross-border crimes easier to commit;
drug use poses law enforcement problems of a different (c) Organized crime may continue to exploit
kind: on the one hand, public incitement to produce or technological advances for offensive and defensive
consume drugs violates article 3 of the 1988 purposes. The “IT warrior” will become an
Convention; on the other hand, many States consider indispensable component of organized criminal groups;
freedom of expression to be an inalienable right and
reject any censorship of communications. The (d) Electronic money-laundering may increase
unauthorized offering for sale of narcotic drugs, with the growth of online financial service companies,
psychotropic substances or precursor chemicals should especially if measures against money-laundering
be a prosecutable offence in the jurisdiction of any remain a low priority and if offshore companies
State that is a party to the international drug control continue to offer anonymity and protection from
treaties. The offering of advice on how to obtain drugs investigation. Underground banking systems will also
or precursor chemicals for illicit purposes should also enjoy greater security through the use of information
be considered inducement or incitement, in violation of technology;
article 3 of the 1988 Convention. However, a web site (e) Drug-related crime may expand; such crime
that, for example, discusses legalization of the non- will be committed by a larger number of people, many
medical use of narcotic drugs does not necessarily fall of whom will not be members of organized criminal
under this category, and to ban such sites might groups, nor will they fit to any criminal profile;
conflict with the principle of freedom of speech in
many countries. (f) Minors may increasingly commit crimes
involving information technology as new generations
42. The one area of content-related crime via the achieve computer literacy at an earlier age;
Internet in which progress has been made is the fight

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(g) Criminal organizations may exploit The use of advanced technologies to fight drug-
scientific developments in order to invest more heavily related crime
in the production of synthetic drugs for the illicit
47. Since 1997, when the Board first drew the
market;
attention of Governments to the fact that the electronic
(h) Law enforcement may have less capacity to media was being used for sending messages favouring
conduct interception and surveillance activities as drug illicit drug use, 24 many health authorities have used the
trafficking organizations increasingly adopt encryption Internet as a quick and inexpensive means of
and other means of concealment; disseminating factual information on drugs and their
abuse.
(i) Jurisdictions without adequate laws against
crime involving information technology may become 48. In the United States, the Counterdrug Technology
sanctuaries; Assessment Center of the Office of National Drug
Control Policy supports scientific and technological
(j) Traditional frameworks for extradition and
research and development for the benefit of drug law
mutual legal assistance may be stretched to their
enforcement agencies. New procedures have been
limits.
developed for analysing the effects of drugs on human
beings and for detecting the presence of drugs
D. How the challenges are being concealed in or about the body, in containers,
addressed conveyances or other closed spaces. Non-intrusive
inspection tools currently available to customs and
New approaches to high-technology crime cargo inspection authorities include improved X-ray
within and between law enforcement structures and gamma-ray detector technology, the
portable/transportable capability to detect drugs in
44. The national police forces of several countries, vessels, compartments and containers of all sizes
including Canada, the United Kingdom and the United during inspections at sea and in ports and rapid and
States, have established dedicated cyber-crime units. non-invasive screening of individuals and their
The Hong Kong Special Administrative Region of luggage.
China has enhanced its intelligence and enforcement
capabilities at the international level and has set up a 49. Specialized computer forensic programs permit
technology crime division comprising 76 officers the application of computer technology and techniques
specially trained to handle domestic crime. for handling seizures and evidence to retrieve
information from computer systems for investigative or
45. The Australian Federal Police has developed an intelligence purposes. Software programs can screen
online investigation management system known as the data streams for key words or phrases, or “sniff” out
Police Realtime Online Management Information portions of electronic communications that match a
System (PROMIS). Australian Federal Police liaison defined filter set programmed in conformity with a
offices around the world use the system to exchange court order, such as messages transmitted to or from a
data, photographs and other information on particular account or user. 25 Integrity features upgrade
investigations with colleagues in real time. the programs by imprinting the collection mode used
46. In Spain, the central investigation unit on on the evidence, demonstrating that no alteration has
information technology crimes and the department for been made to the filter settings employed or to the
high-technology crimes of the Ministry of the Interior information obtained. Such features strengthen proof of
are actively involved in preventing the use of the “chain of custody” authenticity and non-alteration. 26
Internet for illicit advertising of controlled substances, 50. Other advances in the innovative use of existing
including psychotropic substances. The national plan technology include the creation of advanced computer
on drugs for the period 2004-2008 includes the models for the online identification of anomalies
establishment of an observation body on the use of new within financial transactions, software for high-speed
technologies by drug trafficking organizations, computers that can verify the identity of drug
including the use of the Internet. traffickers through their fingerprints, and the setting up
of networks that allow competent authorities to

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cross-reference the registration of property ownership 54. Individual users may exercise choice over
with other data such as income tax returns. In this way Internet content by means of commercially available
the apparent advantage that criminals have from the software programs that block or filter undesired
use of high-tech tools can be turned into an advantage content according to specified criteria. A wide range of
for law enforcement. such programs has been developed, some of which
incorporate rating systems and complaint-registering
Developments in the private sector processes. A software company in the United States
filters Internet content according to a proprietary list of
51. The private sector has begun to forge alliances
sites that is constantly updated: it has drawn up a
with law enforcement to develop better response and
blacklist of more than 60,000 sites deemed
protection facilities against high-tech crime. Internet
inappropriate for various reasons, including the
service providers have set up international networks of
encouragement of illicit drug use.
cooperation with law enforcement through so-called
hotline associations that cooperate to combat the use of
International and regional initiatives against
child pornography through the Internet. If material
high-technology crime
considered child pornography is identified, the hotline
identifies the location and, if based locally, notifies the 55. Drug-related high-tech crime is still a relatively
police and/or the Internet service provider to remove new phenomenon, and few countries have any means
the material using clearly defined notice and takedown of measuring its extent or impact—hence the lack of
procedures. 27 Many countries operate national systems specific initiatives to counter it. However, international
on a similar basis. and regional organizations, such as the United Nations,
the Group of Eight, Interpol and the Council of Europe,
52. In the United States, collaboration between the
have begun serious efforts to address high-tech crime
private sector and the public sector enables law
in general. 28 Those initiatives offer a working model
enforcement to share information about cyber
from which efforts aimed at drug-related high-tech
intrusions, exploited vulnerabilities and other threats
crime can be designed.
with owners or operators of vital infrastructure such as
power generation facilities. 56. Since 1990, the Commission on Crime Prevention
and Criminal Justice has been active in promoting
Content regulation international efforts to develop a comprehensive
framework of guidelines and standards to assist States
53. Various means exist by which Internet access, and
in dealing with computer-related crime. Those efforts
therefore content control, can be regulated. Web sites
include the publication in 1994 of a manual on the
can be blocked altogether by means of censorship, as
prevention and control of computer-related crime, 29
occurs in countries where the Government controls
which contains proposals for the harmonization of both
Internet access. Elsewhere, either Internet service
substantive and procedural law and urges international
providers or web site administrators can be held
cooperation in that area. Expert group meetings were
criminally liable if they knowingly distribute material
held under the auspices of the Asia and Far East
that is considered illegal or harmful under any of the
Institute for the Prevention of Crime and the Treatment
laws of the host country, including the drug laws.
of Offenders in preparation for the workshop on crimes
Internet service providers may regulate the content of
related to the computer network that was held in
the web sites that they host by introducing voluntary
Vienna on 15 April 2000 within the framework of the
codes of practice, as in Italy or Japan, or by drawing up
Tenth United Nations Congress on the Prevention of
legally binding agreements between service provider
Crime and the Treatment of Offenders. 30
and web site administrators that specify jurisdiction
and venue for redress. A Canadian Internet service 57. Pursuant to Economic and Social Council
provider uses service contracts with users and web resolution 1999/23, the Secretary-General conducted a
sites to establish online terms and conditions; Canadian study on effective measures to prevent and control
laws are applied to web site content, and users are high-technology and computer-related crime. In that
notified of this policy. report, several options were considered, such as the
drafting of an international instrument against

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computer-related crime and options for a shorter-term High-Tech Crime, in which States were urged to adopt
strategy including the establishment of a United legislation to investigate and prosecute high-tech crime
Nations global programme against high-technology and and to strengthen international regimes for extradition
computer-related crime. 31 In September 2001, the and mutual legal assistance. The participants agreed on
Commission on Crime Prevention and Criminal Justice the need for a common approach to dealing with
adopted plans of action for the implementation of problem of high-tech crime. The Action Plan also
recommendations made by the Tenth Congress. The called for the establishment of internationally
plan of action against high-technology and computer- recognized standard-making bodies to provide the
related crime called for, inter alia, national actions: public and private sectors with standards for reliable
(a) to criminalize the misuse of information and secure telecommunications and data processing
technologies; (b) to develop and implement rules and technologies. 32
procedures to ensure that computer- and
60. By early 2001, the law enforcement agencies of
telecommunication-related crime could be detected and
the members of the Group of Eight and of nine other
investigated; and (c) to ensure that law enforcement
States were in daily contact and were sharing
personnel were trained and equipped to respond to
information through a “24/7” network (operating
requests for assistance in the tracing of communica-
24 hours a day, 7 days a week), which had been used
tions.
successfully to investigate cases involving serious
58. Interpol hosted an international conference of high-tech crime. The Lyon Group also hosted an
computer crime in 1995 and has produced manuals for international computer crime training conference for
investigators of information technology crime with the law enforcement investigators from the members of the
aim of setting technical investigation standards. A Group of Eight in November 1998. It has developed
central unit and four working groups on high-tech standard procedures on transborder access to stored
crime have been set up, representing Africa, the computer data and expedited mutual legal
Americas, Asia and Europe; their primary function is administrative assistance, and work is in progress to
to provide regional training and cooperation. The develop methods for determining the source and
Interpol Drugs Sub-Directorate operates a secure web destination of communications. 33
site, accessible by national bureaux, that brings to the
61. In all regions of the world, mechanisms are being
attention of police forces seizures of new drugs, drug
developed for studying high-tech crime and the
trafficking alerts and other warnings that benefit from
appropriate responses to it, although the drug
real-time communication. The security of recent
component is marginal in most cases. In some regions,
projects targeting drug trafficking has benefited from
the focus has been more on combating fraud, child
the use of encrypted communication between team
pornography and hacking activities; in others, concerns
members. Interpol also cooperates with the private
relate primarily to money-laundering and economic
sector to secure business and industry against “cyber
crime. In the light of recent world events, particular
attack”.
attention is now being paid to the use of new
59. In Lyon, France, in June 1996, the heads of State technologies by terrorist networks.
or Government of the Political Group of Eight
62. The Government of Japan, through the National
endorsed the 40 recommendations of the Senior
Police Agency, is financing an Internet-based contact
Experts Group on Transnational Organized Crime. In
network of 21 countries in Asia for the exchange of
recommendation 16, States were urged to review their
information on high-tech crime. Eight countries are
legislation to ensure that abuses of modern technology
already participating in the first phase of the initiative.
deserving of criminal sanctions were criminalized and
that the appropriate technical and resource implications 63. Recommendation 5 of the 30 recommendations
of that capability were adequately addressed. In for tackling organized crime adopted by the European
January 1997, the Lyon Group was created to address Council in July 1997 called for a study on high-tech
that recommendation. At the Meeting of Justice and crime, which was completed in January 1998. At a
Interior Ministers of the Eight held in special meeting of the European Council held in
Washington, D.C., in December 1997, the participants Tampere, Finland, in October 1999, the heads of State
agreed on the Principles and Action Plan to Combat or Government of European Union members concluded

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that high-tech crime should be included in the efforts traffickers or the interception of their electronic
to agree on common definitions and sanctions. As part communications such as e-mail. The Convention was
of the European Union Action Plan to Combat Drugs to be formally adopted on 8 November 2001 and to be
(2000-2004), in early 2001 the Council of Ministers’ opened for signature on 23 November 2001.
working group on drug trafficking carried out an
66. Private industry and citizens’ groups, however,
assessment of the threat posed by the use of the
have objected to some clauses of the Convention on
Internet for illicit ends in relation to drugs, as well as a
Cybercrime. A consortium of information technology
review of existing legal provisions in member States.
industry associations has protested that the Convention
The first stage of that analysis was the sending of a
could impose burdensome data preservation require-
questionnaire by the European Police Office (Europol)
ments on Internet service providers, make them liable
to member States (see paragraph 34 above). The
for third-party action and restrict legitimate activities
European Commission will be considering how to
on the Internet. Civil liberty groups have also
improve the effectiveness of efforts against the illicit
registered concern about measures called for in the
drug trade on the Internet, the importance of which was
Convention that they consider to be invasive of
recognized in the European Union drug strategy for the
privacy. Nonetheless, the Board is of the view that this
period 2000-2004.
type of legal instrument can contribute to efforts
64. In January 1999, the European Parliament and the against drug trafficking and abuse.
European Council adopted a multiannual community
action plan on promoting safer use of the Internet by
combating illegal and harmful content on global E. Conclusions and recommendations
networks. 34
Conclusions
65. The Council of Europe’s Convention on
Cybercrime represents the most advanced international 67. Advanced telecommunication technologies
collaboration to date in the area of high-tech crime. constitute the motor of today’s globalized economy
The Council’s 43 member States, together with and, as such, cannot be held back from expansion and
Canada, Japan and the United States (which have technological evolution, nor is it desirable that they
observer status) and South Africa, were all involved in should. It must be recognized, however, that
the drafting process and will be able to sign the globalization and new technologies have facilitated
Convention. The Convention covers issues of jurisdic- certain drug-related criminal operations, thereby
tion, extradition, the interception of communications placing an additional burden on law enforcement
and the production and preservation of data. It lists acts agencies. although collaboration between industry and
that must be criminalized under domestic law, law enforcement is often good, inevitably, the public
including illegal access, illegal interception, data and private agenda do not always coincide, since
interference, system interference, computer-related companies have a duty to protect the privacy of their
forgery, computer-related fraud and aiding or abetting customers and the profits of their shareholders.
the commission of these crimes. It creates detailed 68. The Board has noted the wide range of efforts
machinery to effect international cooperation and under way to tackle the threat of cyber crime in
coordination in investigation and prosecution. Parties general. Although current initiatives regarding cyber
to the Convention will be obliged to empower their crime focus primarily on child pornography and
national authorities to carry out computer searches and economic crimes such as fraud, hacking and theft of
seize computer data, require data subjects to produce intellectual property, there are indications that new
data under their control, and preserve or obtain the technologies are increasingly being used in drug
expeditious preservation of vulnerable data. The trafficking and illicit drug manufacturing operations.
Convention will be applicable in drug-related cases as For that reason, the absence of drug-related provisions
a tool of mutual legal assistance, for example when in existing legislation against cyber crime is a matter of
authorities seeking electronic evidence of drug concern. If the challenges to drug law enforcement are
traffickers’ activities, their customers or their assets in to be met, there must be a programme of action at the
another State will be able to request that State to national and international levels, within the context of
conduct a search of databases used by suspected

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ongoing initiatives against cyber crime, that will have the guardian of three international drug control treaties
as its objective the prevention of drug-related high-tech whose goals are the health and well-being of society,
crime. Many developing countries will instinctively proposes the concept of “shared guardianship” of the
look to the United Nations and to the Board for information society as a contribution to its future
technical and legislative guidance in this area. prosperity and security.
69. With regard to the drug-related content of sites on
Recommendations
the Internet, technology tools, law enforcement and
education are necessary, especially as regards parental 72. The most urgent task facing Governments is to
involvement and user empowerment. Given the ensure that appropriate procedural and substantive laws
problems of identifying and investigating the are introduced at the national level to deal with crimes
innumerable drug advocacy web sites, filtering and committed in an electronic environment. Aggravating
blocking software can be of significant value in factors could be introduced when offences are
countering the use of the Internet for disseminating committed with the aim of illicit drug trafficking or
messages favouring drug abuse and may represent a when the offence is committed by a participant in an
more practical and realistic option than recourse to organized criminal group (as defined in the United
criminal law. Nations Convention against Transnational Organized
Crime). 35 Measures should be harmonized as far as
70. It is essential that law enforcement agencies and
possible to ensure that offences, sanctions and
other national institutions responsible for fighting
standards of proof are similar in countries throughout
drug-related crime be given the technical and
the world, in order to prevent the growth of data
legislative means to develop an appropriate response
havens. Assistance should be provided to developing
capacity. But this alone is not sufficient. The Board is
countries considered at risk from such exploitation.
convinced that the challenges to drug law enforcement
can only be met through cooperative partnerships 73. Drug law enforcement agencies and judicial
involving Governments, the information technology authorities should be given appropriate resources and
industry and citizens, whose separate interests must be equipment to investigate, identify, apprehend and
recognized and reconciled. The concerns raised by prosecute offenders who use new technologies in drug
civil liberty groups over the invasion of privacy and trafficking activities.
the potential to limit freedom of expression are genuine
74. Specialized inter-agency high-tech drug units
and must be heeded.
should be introduced at the national level. The system
71. Within the framework of cooperation between of “24/7” networks should be expanded to include
government and industry, the involvement of industry more countries on the principle that “it takes networks
is required to identify vulnerabilities, to assist law to fight networks”. These units should maintain
enforcement authorities in threat assessment and to cooperative arrangements with other agencies against
help to resolve cases when they arise. At the same cyber crime.
time, industry must appreciate that self-regulation and
75. Drug law enforcement agencies should be
informal channels of cooperation with law enforcement
provided with critical infrastructure protection to
may not always be adequate to address the threat.
protect their information and intelligence databases
Recent world events have already had major
from “cyber attack”.
repercussions in terms of the investigation and
prosecution of criminal acts, but only time will tell 76. Funding should be made available to provide
what the full impact of these will be. At present it can equipment and training at appropriate levels in forensic
only be stated that the need for law enforcement techniques and in technological skills for policy
structures to modernize and to adapt to changing makers and law enforcement and investigative
circumstances and new challenges has become more personnel. Governments should find ways of attracting
acute. New technologies should be seen not as an high-calibre technology specialists to work within drug
enemy in the fight against drug-related crime, but as law enforcement agencies.
potential tools in the prevention of illicit drug use,
77. Work should proceed to enable the Convention on
production, manufacture and trafficking. The Board, as
Cybercrime to be ratified as soon as possible, and

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support should be given to other initiatives in this field

elsewhere in the world.
78. Governments should require online pharmacies to
be licensed wherever they operate or deliver
prescription drugs and should set up a system of
oversight for such activities. The online sale of
narcotic drugs and psychotropic drugs should be
prohibited altogether, since it circumvents the existing
national and international control system.
79. Governments should help to raise public
awareness, especially among parents and teachers, of
the fact that young people using the Internet may be
exposed to messages favouring drug abuse and that the
technological means to block or filter such messages
are available.
80. Governments should support the establishment of
web sites that provide attractively presented, unbiased
information on illicit drug use—for example,
explaining the laws governing illicit drug possession,
use and trafficking for a given country and giving a
description of drugs and their effects.
81. Consideration might be given to the development
of a United Nations convention against cyber crime.
Such a convention would provide a global
classification and definition for high-tech and
computer-related crime and a framework for legislative
harmonization and international cooperation in the
investigation and prosecution of cross-border crime
committed or facilitated by electronic means. It could
also include a section on drug-related crime, with a
reminder to Governments that any form of
advertisement for narcotic drugs or psychotropic
substances must be prohibited. The convention would
have to balance concerns of security and protection
from crime with concerns for civil liberties, dignity
and privacy.
82. Internet service providers should extend the
practice of setting up hotlines to which the general
public can report offensive or illegal content of sites on
the Internet and should be aware that the drug-related
content of some web sites may be in conflict with the
international drug control treaties.
83. Financial institutions should review their
measures against money-laundering in the light of
technological developments.

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