CYCO
For competence reasons the experimental practice introduced on the initiative of the cantons was limited to cases concerning the trade in humans and child pornography. This restriction makes no sense in view of the wider, more important spectrum of cybercrime (foreign authorities and the public didn't understand the restriction either).
The Central Office Act ("ZentG") and "BWIS" only grant the Confederation competence in information, coordination and analysis matters within the areas of organized and international crime and national security. The restrictive legal definition does not allow any flexibility to extend the definition to include cybercrime (which is not the same as organized crime or offenses against national security).
One of the possibilities looked at was an intercantonal agreement (including the participation of the Confederation). Considering the important international aspect (of having a single contact for authorities abroad) the Cantons were also in favour of a solution which placed the responsibility within the Confederation. A regional solution or one excluding the Confederation was never a realistic alternative.
One of the reasons for having a Coordination Unit is to detect illegal activities on the Internet thereby prompting new investigations. On the other hand, the preventive effect of setting up the Coordination Unit is not to be underestimated. The number of petty offenses is expected to decrease considerably since there is a greater risk of prosecution. On balance, therefore, we do not necessarily expect more cases but rather cases involving greater potential damage. Furthermore, the Coordination Unit will relieve the Cantons of their workload in a number of ways:
-handling time-consuming and often fruitless investigations following the reporting of suspect subject matter
-initially securing evidence and legal opinion in relevant cases
-clarifying jurisdiction (after consultation with the providers)
-providing an overview of all pending and concluded cases and an indication of similar cases
-providing nationwide analyses and statistics
-managing a reliable communication forum
-providing information on training opportunities
The highly technical, globally active and extremely fast nature of cybercrime is especially challenging the federal structure of the prosecution system in Switzerland. The exponential growth of cybercrime is accompanied by an increase in the number of registered offenses. The present extent of cybercrime poses a threat to public security and to the global information society per se. By not becoming internationally active in the fight against cybercrime, Switzerland also risks damaging its reputation of being a safe economic centre.
On the contrary: the administrative agreement confirms the already existing division of responsibility between the Confederation and the Cantons. The task of the new Coordination Unit will be to support the cantonal and federal prosecution authorities whose competence and obligations with regard to investigations will remain the same despite the work of the Coordination Unit. Consequently, the new Coordination Unit will work for the Confederation and the Cantons. A joint management committee consisting of two cantonal representatives (from the cantonal prosecution authorities and the police) and a representative from the Confederation (from the Federal Office of Police) is responsible for defining the unit's agenda in detail and for reviewing its performance.
Comparisons with generously staffed offices abroad do not take into consideration that staff abroad is usually not just responsible for coordination and supporting investigations, but has to carry out investigations in addition. Furthermore, the administrative integration of the Coordination Unit into the Federal Office of Police ensures the greatest amount of synergy in Internet investigations, analyses and coordination.
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Child Pornography
For some years now, child pornography has been a much observed area of crime. On the one hand, the broad use of the Internet has contributed to the distribution of child pornography. On the other hand, the society has become more aware of the gravity of this form of pedophilic crime. Children are sexually abused and the record of this abuse is offered to others over the Internet via a simple mouse click. Depictions of abuse are exchanged among like-minded people or are sold by criminal groups. Children not only become victim of sexual abuse, but in addition also of the worldwide and irrevocable distribution of the material.
Child pornography is defined differently by different countries. What all definitions have in common is the following. Child pornography defines a picture showing a child which is participating in a sexual activity, or when it is pictured as if. The range goes from pictures showing nude children to pictures showing massive sexual and brutal exploitation of children.
Article 197 PC (pornography) (link) defines which form and what handling of pornography are prohibited. Depiction of sexual activities of children may neither be produced, imported, stored, put in circulation, advertised, displayed, offered, showed, relinquished nor made accessible. Additionally, it is prohibited since April 1 2002 to purchase these photos, to obtain them with help of an electronic medium, or to own them. In Switzerland, photos of children are illegal when they expose excessively the genitals or when they display sexily positions or situations which aim at sexually stimulating the observer.
Child pornography nowadays is primarily spread over the internet. On the one hand, material circulating in the internet stems from commercial providers producing child pornography in a professional manner. On the other hand, material is produced by private producers and involves children from the producers close environment or exploitation caused by sex tourism with children.
Child pornography is sold over commercial Internet sites, exchanged among closed groups or via peer-to-peer networks. On the one hand, criminal groups use the Internet in order to sell child pornography to make big money. On the other hand, paedophiles exchange material in order to satisfy their sexual desires.
CYCO doesn't only receive announcements from the population, but searches itself actively for illegal Internet content. Currently, CYCO is exclusively searching for child pornography or for persons with sexual intentions trying to get in touch with children over the Internet. Where applicable, CYCO transmits relevant data via Interpol to foreign law enforcement.
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Spam
I Spam is the term used to describe unsolicited and electronically-delivered bulk advertising, including junk e-mails. Delivering bulk advertising in this way allows the sender to reach a large number of people quickly and cheaply. Spam e-mails, which mostly originate from commercial sellers, constitute a large share of today's e-mail traffic.
The best ways and means to avoid receiving spam is to stop it being sent. However, every e-mail user must be aware that there is no ultimate solution to protect oneself against receiving e-mails. By taking care with your e-mail address and observing a few basic rules, however, you can considerably reduce the amount of undesired e-mails you receive. Here are a few things you can do:
Basically, you should only pass on your e-mail address to people and institutions you know. Use a second address for newsgroups, mailing lists etc.Spammers use programmes to search the Internet for valid e-mail addresses. If you have to publish your e-mail address on the Internet, camouflage the address so that it can only be read by people and not by programmes. For example, replace the @ with the word "at" or codify your address.
Avoid short e-mail addresses;
Spammers use programmes to try out all combinations of short addresses. Using a long e-mail address can offer a certain amount of protection.
Filter e-mail programmes;
Many e-mail programmes have functions enabling the filtering of incoming e-mails.
Do not reply to spam e-mails and delete them immediately
Once a spam has been replied to, the sender knows that the e-mail address is valid and will continue to send spam.
Use blind copies when sending an e-mail to multiple addresses;
Enter the recipient in the field for blind copies "BCC" (Blind Carbon Copy). The e-mail addresses in the BCC field are not visible to the recipient and, therefore, are less likely to end up in the hands of spammers.
Yes. Under the Federal Act of Postal and Telecommunications and the Federal Act against Unfair Competition, sending spam has basically become illegal since 1 April 2007.
Electronically-delivered bulk advertising is now only admissible according to Article 3 subparagraph o of the Federal Act against Unfair Competition under certain conditions. Under the Federal Act, bulk advertising that has no connection to the contents requested by the user must fulfil the following three requirements:
Bulk advertising requires the consent of the recipient (opt-in model)
It us contain correct information on the sender
It must indicate that the recipient can "opt-out" unconditionally and free-of-charge
The only exception to the "opt-in" provision is the following: the seller may use the information provided by buyers for its own advertising purposes under Article 3 subparagraph o Federal Act on Unfair Competition, if buyers have provided their address and the seller has informed the buyers of the "opt-out" possibility. Article 3 subparagraph o correlates to Article 13 of the EU data-protection guideline and is therefore in line with European law.
Yes. Under Article 23 Federal Act on Unfair Competition, sending unfair bulk advertising intentionally is a punishable offence; "intentionally" meaning wilfully or deliberately. If you are thinking about reporting the company or sender, you should consider the following question.
With the entry into force of the spam legislation, telecommunication providers are obliged to take steps to prevent the delivery of spam. The legal provisions are laid down in Article 45 subparagraph 2 and Article 45a of the Federal Act on Postal and Telecommunications, and in Articles 82 and 83 of the Ordinance on Postal and Telecommunication Services. The service providers have the following obligations:
They must protect their customers from receiving spam within the confines of the state of technology.
If they know about it, they must prevent their clients from sending or forwarding spam. Service providers are allowed to suppress the spam and cut off their clients from the telecommunication network.
Service providers have to establish a point-of-contact for spam inquiries.
If clients can provide credible information that they have been receiving spam, the service providers have to give them information on the sender, providing that this is possible.
If you are being harassed by spam, you should try to find out whether it is being sent or forwarded via a Swiss telecommunication network. To help you to do this, you can use the CYCO Spam Analysis. If the spam is being sent via a Swiss network, we recommend that you inform the service provider responsible.
Under Article 23 of the Federal Act against Unfair Competition, sending or forwarding spam via a Swiss network is a punishable offence if it is delivered intentionally, that is wilfully and intentionally. If this is the case, you can report the company or sender to your local police. However, before doing so, you should consider whether possible criminal proceedings are proportionate to the damage incurred. Sending or forwarding spam is classified as a criminal offence prosecuted only upon application by the victim, and prosecution lies in the jurisdiction of the cantons.
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Nigeria letters
Most likely such a letter is a so called nigerian or 419-scam, as they are sent by the thousands throughout the whole world. Unfortunately, it is almost impossible to definitively stop sending of such letters. Senders whose emails are blocked usually switch their addresses right away.
Fedpol's advice in such cases is to destroy such letters and emails right away, without answering them, not even in the sense of a negative reply. For more information please read the disclaimer on www.stoppbetrug.ch.
Fraudsters are rather innovative and live of their skills to always invent new twists of the same old fraud. In this light, another country of origin, or the fact that the letter doesn't talk about millions originating from some shady deals, but about an international lottery prize, doesn't indicate at all that the letter actually is meant seriously.
Addresses and bank names are getting abused on purpose to win the trust of the victims. In some cases whole internet-sites of existing banks are copied to trick a person into giving away his or her personal data.
Basically in cases of uncertainty,one always has to double check the existence of a person or financial institution through an independent third party.
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Adult Checker
With ruling 6P.122/2004 dating from 8.3.2005, the federal supreme court for the first time made a statement concerning the use of "Adult Checker"-software. In its decision the court states, that having only a clickable disclaimer on an internet site does not sufficiently guarantee the protection of minors, as it is stipulated in Art. 197 PC.
The relevant article to be consulted in the case of unprotected internet sites with pornographic content is therefore Art. 197 PC. This article stipulates that "offering, showing, leaving to someone and giving access to" pornographic material to children younger than 16 years is considered a criminal offence and hence, is punishable by law.
The Cybercrime Coordination Unit recommends therefore, with regard to the protection of youth, that operators of internet sites containing pornographic material should possibly use "Adult-Checker"-software.
However, off-the-shelf "Adult Checkers" cannot guarantee that a visitor is not under-age.
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Phishing
The word Phishing is a hybrid between password and fishing. Through phishing, fraudsters try to gather confidential data from the unknowing internet-user. This might concern account information for an online-auction, such as eBay, or access information for online-banking.
The fraudsters abuse the good faith and support of their victims, by sending them emails with faked sender addresses. In these mails the victim, for example is told that his or her account data or login-information is not up-to-date anymore or that these bits of data (i.e. password and user-name) have to be re-entered. To accomplish this, the mail asks the victim to click on a link, which will direct him or her on a copy of the sender's internet site, which is controlled by the fraudster.
Usually the fraudsters do not know which bank a person is using. However, they send their phishing-mails to a wide audience. Hence, phishing-attacks may also land in a person's inbox, not being affiliated at all with the bank the email is supposedly originating from.
Even if the fake is almost looking real; Asking for a login and a password is going against the basic rule for handling sensitive and confidential customer-data. Serious banks, internet-auction-houses or other similar institutions will never ask their clients for a password via email, or any other channel for that matter.
Passwords are highly confidential and are only known to the user and the system asking for them.
Never answer such emails under any circumstances. Notify if possible the attacked institution, so that it has the chance to initiate necessary counter measures or report the phishing-mail to the Cybercrime Coordination Unit.
For more information about phishing methods and secure e-banking, please visit the information on www.melani.admin.ch
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Pyramid schemes
A pyramid scheme is based on the idea that by enrolling new people into the system, who in turn are looking themselves for enrolling new people, money will be paid to the previous generation. A previously defined amount of money is demanded from the new generation about to enrol. The money that makes possible the repayment of the previous generation is thus not a gain of investment, but the sum paid by the newly enrolled members.
In order to participate in a pyramid scheme, one will have to pay an admission charge. No real service in return for the admission charge is rewarded, except for an instruction manual explaining the necessity to recruit new members. This "product" constitutes merely an alibi. In reality, the payment only serves to let the system conserve itself.
The system takes on the form of a pyramid, which aims at an ever increasing number of participants, so that the money paid by new generations can be redistributed to the previous one.
Beneficiaries are ultimately those who have set in place the whole system, have pocket their (in the majority of cases) secure profit, and have pulled out of the system in time. On the other hand, the majority of the members that join in later on, almost imperatively loose their investment made. This is the case because the amplification factor inherent in such a system makes it finally impossible to recruit new members in a foreseeable time. A guaranteed profit is often excluded in form of a "fine-print" provision. The assumed profitable investment is thus highly risky and total loss is almost certain for most of the participants.
Pyramid schemes exist in various forms and often carry an euphemistic denomination. Besides traditional terms such as Ponzi scheme and chain letter, the following should be approached with caution:
Gifting circle, heart circle, MLM: Multi Level Marketing or Multi Layer Marketing, Network Marketing, Networking, progressive canvassing etc.
Not every business that is set up structurally constitutes a suspect pyramid scheme. Serious businesses however, normally only approach professional sales representatives.
Prohibited pyramid schemes, on the other hand, try to enrol new members by offering them to distribute themselves a product (often for a price that is much too high) and by doing so to enlist new members themselves. They get promised provisions for sales made by the new generation. Several people are supposed to gain money for each single sale which leads to the typical pyramid structure.
-Promised rate of returns which are unrealistic high, in other words, considerably higher than those prevailing on the capital market (i.e. in Switzerland currently about 5-6 %) can hardly be credible.
-Personal establishment of contact: Associates of such systems look out for personal contacts. They only provide little information by telephone and written information is hardly ever available for free.
-Scarce Information: Questions concerning the nature of the distributed good are only answered evasively. Normally, only business areas are mentioned (e.g. leisure, health, new product with high market potential etc.). Only once a victim shows its interest, closer information is provided.
-Great interest in the person: Associates of pyramid schemes often show great interest in the target person's affinities and professional career. So called "Love Bombing" is used during information events which means that the target person is welcomed effusively and intensively canvassed. Most of the participants are however members of the system who only aim at getting involved the victim by using all kind of rhetoric, including even esoteric ideas and arguments.
-Overblown vocabulary: Associates of pyramid schemes avoid using the term "to sell". They preferably talk about "consulting", "coaching", "training", "merchandising", "sponsoring", "setting up of business relations" etc. Frequent exaggerations and impressive titles of members in leading positions with high social status (e.g. president, director, executive director, manager, supervisor etc.) shall demonstrate to the newcomer the importance of the whole affair. In addition to many Anglicisms, the term "international" is often used.
The threat of punishment for breaking the lottery law goes up to monetary fines of 10'000 Swiss franks and/or arrests of 3 months. In addition, the provisions already obtained can be seized by the state.
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Fraud
The phenomenon of advance fee fraud has been known since the early eighties. Via e-mails, fax or personal letters, the recipient is announced extraordinary profit. The senders use fake names or present themselves under a false identity. They usually intimate that it as all about a highly confidential matter. As soon as the confidence of the target is won, the criminals demand for advanced fees or some other payment. Whoever responds to that will usually be asked to give bank connections, some other personal information, or to sign documents and hand them over. The criminals try to make illegal money, sometimes even by using the victim's personal data to execute financial transaction. Since the first type of that fraud emanated from Nigeria, another name for advance fee fraud is "Nigerian Letter". Today, there is often no link anymore between advance fee fraud and Nigeria.
According to Article 146 in the Swiss Penal Code, the crime of fraud requires the existence of certain elements. Above all, wilful deception on the side of the criminal must be made proof of. In case the victim could have protected itself with a minimum of reasonable care and attention then no criminal act is assumed due to the absence of wilful deception (Decision of the Swiss Federal Court 126 IV 165). Verification if the committed act qualifies as a crime must be carefully done beforehand in any case. In practice, the law enforcement hardly ever takes up inquiries in cases of advance fee fraud, since this type of fraud is nowadays commonly known and warnings against it are widely spread.
It is important to know: The fact of solely sending such a fraudulent offer doesn't yet constitute a punishable act. The federal office of police and its partners make the following recommendation: Do not answer in any kind to the offer and delete the letter, fax or email, including its possible annexes. By doing so you avoid that the senders get hold of your signature, business papers, phone number or details of your bank connection. All this is part of crucial information for a criminal in order to fake an authorisation, order a visa, or undertake a financial transaction.
Should you already stay in contact with the criminal, we advise you to inform your cantonal police and, if need be, to make a report against fraudulent scheming. You should however be aware of the fact that legal action can only be taken when all elements of a crime according to article 146 in the Swiss penal code are at hands.
A possible procedure, in particular an attempt to recover already paid money will most likely not be very fruitful. According to effective judiciary, elements of a crime in the sense of article 146 in the Swiss penal code are only present if wilful deception on the side of the criminal are at hand. In case the victim could have protected itself with a minimum of reasonable care and attention then such element is absent (Decision of the Swiss Federal Court 126 IV 165). And: In case of advance fee fraud, the proceeding of the delinquents should sufficiently be known. Warnings of the federal office of police and its partners, as well as warnings in newspapers or broadcasted by TV, radio etc. have frequently been diffused in the past and are still ongoing.
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Escrow/ Internet auction
In Internet commerce, a physical contact between buyer and seller usually doesn't take place. In such cases, Escrow-companies may play the role of a middleman or administrator for payments. They hold the payment until the sellers confirm within a specified period of time that the merchandise arrived in the promised condition. Once the buyer gives a go-ahead, the Escrow service then pays the vendor. If there is a dispute about the sold item, the Escrow service may also be willing to act as a referee.
Internet-auctions and Internet commerce has been abused repeatedly with fraudulent intentions. For example, a buyer sends his payment, but never receives the promised good. Escrow companies make sure that the vendor is only getting paid, once the merchandise has reached its final destination.
Besides serious Escrow companies (such as escrow.com), there exist a lot of fraudulent Escrow services, which keep the payment for themselves. In some cases these illicit Escrow companies collaborate with Internet fraudsters, which offer goods for an unrealistic low price. The seller then recommends the fraudulent Escrow service. Once the buyer sent the money, the vendor and the Escrow company disappear and leave the buyer with neither his money nor the promised merchandise.
The presentation of illicit Escrow sites can vary and ranges from amateurish to exact copies of escrow.com. There still exist some clues and possibilities to avoid fraudulent Escrow services:
-Make sure that the Escrow web site has both an existing address and a phone number. Avoid the company if a phone call does not get through or you get a bogus, unsatisfying message off an answering machine.
-Send an email message to the Escrow company to check whether they are actually responding or not.
-Avoid Escrow web pages that end on .org. Escrow services are in the business to make profit. The suffix .org however, is solemnly reserved for non-profit organizations.
-Escrow services only use clearly defined, existing bank accounts for the payments to be wired to. Escrows, which ask for Western Union transfers or alike, are most likely frauds..
-Some phony Escrow web sites list all the same license number, such as 963-1867, which is actually exclusively the license number of escrow.com. If the same license number is used by different Escrow services, then the sites are most likely illicit.
Generally, if doubts persist, avoid the Escrow service and look for an alternative.
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Dialer
The so called webialer is installed either deliberately or unintentionally on the com-puter and creates a new (sometimes hidden) remote data transmission connection. Due to this remote data transmission connection, the consumer no longer gets connected to the Internet by its usual provider, but by a provider which offers a phone service 0900 and demands a much higher tariff. Usually the dialer program gets started automatically by booting the computer and remains loaded in the background. Once the user decides to get connected to the Internet, the dialer es-tablishes automatically a connection to the Internet via a costly 0900 number.
Webdialers are preferably used by provider of sex-sites, since they constitute an alterna-tive means of payment.
In many cases the user has to download the dialer program himself. Sometimes, on the other hand, dialer programs are being sent randomly via email and it is no longer visi-ble for the user that such a program has been installed on his computer.
So far no adjudication concerning web dial-ers has been taken in Switzerland. In Ger-many tribunals have pronounced judgments in favour of or to the disadvantage of the consumer, depending on the individual situation. An independent law is currently being created in Germany which aims at combating the abuse of 0190/0900 numbers. The offer shall become more transparent which would help to enhance the legal posi-tion of the consumer.
In Switzerland the federal office of commu-nications OFCOM has already started to set up strict rules for the provider of these num-bers during the modification of the phone numbers. The OFCOM can take legal action against fallible provider of teleservices.
Not every dialer is being used in an abusive manner. Following indications however point towards a dialer that is used in an abu-sive manner: The download of the data gets started automatically by entering the web-site, the dialer is being sent via spam-email, the user is not being informed about the in-stallation of the dialer nor about the costs he will have to cover, the dialer-window can only be closed by pressing the "ok" or the "connect" button.
Verify whether an additional connection to your remote data transmission connections has been installed and if so whether it is labelled as leased connection. Check for any unknown program or new icon on your task bar or on your desktop. Another indication for a dialer is a browser home page which is different from what you are used to.
The possibility to select a 0900 number can be blocked for free with the help of Swiss-com (also if you are a customer of Sunrise). Additionally, some modems allow blocking certain numbers. By doing so, your com-puter can establish a connection to the Inter-net only via your usual Internet provider.It is also possible to acquire software that protects against the installation of unwanted dial programs.
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