Presentation of KOBIK
The Swiss Coordination Unit for Cybercrime Control (CYCOS) is the central office where persons can report suspect Internet subject matter. After an initial examination of the report and safeguarding of data, the report is forwarded to the respective local or foreign law enforcement. CYCOS also takes active part in the search for criminal subject matter on the Internet and is responsible for in-depth analysis of cybercrime.
Particularly unlawful Internet subject matter are the following
hardcore pornography (sexual acts with children, animals, human excrement or acts of violence)
Depiction of violence
Extremism
Racism
Unauthorized access to IT systems
Spread of computer viruses
Destruction of data
Credit card misuse
Violation of copyrights
Illegal arms trade
CYCOS as a competence center is available for the public, the authorities and the Internet Service Provider for any legal, technical or criminological question in the field of cybercrime. As the national point of contact, CYCOS is the point of contact for centers abroad fulfilling analogous functions.
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Organisation
The Coordination unit is structured around three domains, namely, Monitoring, Clearing, and Analysis.
The domain Monitoring is responsible for:
-Systematic search in the Internet for unlawful content
-Reception of all notification from home and abroad
-Clarification and investigation relating to the position and authorship of criminal Internet content
-Saving of data which is public available and utilisable in dealing with the court
The domain Clearing is responsible for:
-Investigation of incoming notifications in order to verify whether the suspect subject matter constitutes a criminal offense
-Primary clarification
-Referral of the case to the competent national or foreign law enforcement
The domain Analyse is responsible for:
-Systematic analysis and interpretation of open as well as intern sources in the field of cybercrime
-Ongoing analysis of current trends and counteractive measures
-Carrying out statistics
-General coordination and representation
These domains are integrated into existing divisions within fedpol, at the Service for Analysis and Prevention. A joint management committee will be responsible for the strategic management of the Coordination Unit. This committee is made up of a member of the Conference of Cantonal Justice and Police Directors (CCJPD), the Conference of the Prosecution Authorities of Switzerland (CPAS) and the management of fedpol. The management committee is responsible for setting down the code of procedure for the Coordination unit, for defining a detailed agenda and for reviewing the unit's performance.
The CYCOS-team includes network technicians, specialists for Internet Protocols and information security, lawyers, police- and criminal analysts. All major language regions of Switzerland are represented.
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The origins of CYCO and its legal basis
The Internet offers many positive opportunities, such as exchanging information quickly all around the globe, but demands at the same time a reorientation of the prosecution authorities when confronted with the dark side of the Internet. Legal prosecution of transnational and technical adept crime is not possible without reinforced national as well as international coordination. Switzerland (even though it is a strongly federal orientated country) could not escape this constraint which makes increased globalisation of criminal prosecution a must.
By the end of 2001, an intercantonal Working Group on Controlling the Misuse of Information and Communication Technology ("BEMIK-Working Group") acknowledged the awkward situation and defined the most urgent police coordination requirements in the area of cybercrime. On this basis, the Federal Department of Justice and Police and the Conference of Cantonal Justice and Police Directors resolved to work together, to fight Internet crime and to set up a national Coordination Unit for Cybercrime Control.
An administrative agreement between the Confederation and the Cantons constitutes the legal basis of the national Coordination Unit for Cybercrime Control (CYCOS). This agreement was signed by the end of 2001 and subsequently ratified by all cantonal authorities. The agreement empowers the Confederation to assume responsibility for handling the information and the coordination within the area of cybercrime. Furthermore, the agreement states the Coordination Unit's service character as well as its necessarily synergetic organisation
The setup of a national coordination unit did deliberately not lead to any dislocation of local or factual competence between the Confederation and the Cantons:
-The competence to prosecute the fraudulent use of Information Communication Technology in Switzerland belongs in principle to the Cantons. This applies to general computer crime (Art. 143 , 143bis,144bis ,147 and 150 Abs. 3 PC), to crime that has been committed by using the Internet over a certain period of time, such as for example the depiction of violence (Art. 135 PC), fraud (Art. 146 PC), hardcore pornography (Art. 197 PC), libel (Art. 173 ff. PC), racial discrimination (Art. 261bis PC), violation of copy rights (Art. 67 PC ) and violation of business secrets (Art. 162 PC).
-- The Confederation's competence to prosecute cybercrime is limited to the classical cases of federal jurisdiction (Art. 340 and 340bis PC), which are committed by use of the Internet. This concerns illegal intelligence activities (Art. 272 ff. PC), money laundering (Art. 305bis PC), or certain crime against fortune and wealth as far as the criteria of Art. 340bis Abs. 2 PC are met.
The tasks of the criminal police in the field of cybercrime are thus mainly assumed by the cantonal or municipal police. On the other hand, the Federation's activity in this area is limited. This federal police structure which leads to little centralisation makes sure that the police stays in close touch with the citizens. Especially in what concerns illegal child pornography, a local police is in a better position to lead successful and efficient inquiries, since it may be more familiar with the environment of the criminal and the victim.
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