An Overview of Cybersecurity and Cybercrime in Taiwan

I. Introduction
To strengthen Taiwan's capability to deal with information and communication
security issues, the National Information and Communication Security Taskforce
(NICST) was established on January 17, 2001. The NICST is a national level taskforce,
responsible for developing national information and communication security policy
and notification and response mechanisms, review and consultation on major
programs, and coordination and supervision of inter-ministerial affairs concerning
information and communication security. Cyberspace Protection System and
Cybercrime Investigative System are the two major parts in the NICST. Please refer to
the following figures:

The Office of Information and Communication Security(OICS) is the Secretariat

of the Cyberspace Protection System. And the major law enforcement agencies (LEAs)
in detecting cybercrimes, the Ministry of Justice Investigation Bureau(MJIB) and the
Nation Police Agency(NPA), Ministry of the Interior are both included in the

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Cybercrime Investigative System.
II. Taiwan’s Recognition and Efforts regarding the Global Information Threats on
Cybersecurity
Taiwan is one of the most important hubs through the world. As we all
know, the Internet has brought great convenience and speed to our lives.
However the prevalence of the Internet and related changes in consumer
behavior mean that issues such as cybercrime and protection of personal
information and privacy have become a source of great concern affecting
national security and social stability. Due to this situation, we recognize the
world is now facing some serious information security threats, such as: rampant
organized cyber crime, theft of personal information and financial fraud
incidents abound, increasing information security risks on critical information
infrastructures, intensification of advanced persistent threat, and zero-day attack
resulting in difficulties in information security defense.
Since the NICST was established in January 2001, major information security
plans or programs, each lasting four years, implemented over three phases have
been introduced (see the following figure for details). These initiatives have
effectively achieved a high degree of information security readiness in Taiwan.
The highlights of each program or plan are outlined below.

III. Cybercrime Overview in Taiwan

Ministry of Justice (MOJ) has established a Cybercrime Prevention and
Fighting Center in the District Prosecutors’ Office to conduct the cybercrime

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 investigations. The 9th Investigation Corp of the Criminal Investigation Bureau
(CIB), NPA is one of the strongest LEAs in detecting cybercrimes. Besides, the
Information and Communication Security Division of the MJIB also has the
mandate to detect cybercrimes. The said authorities are the key pillars of
anti-cyber crimes networks.
As per the statistics of the NPA, there are more than seven thousand
cybercrime cases being referred to the District Prosecutor’s Office each year
(see the following figure for details).

According to the analysis of the NPA, the main trends of the cybercrimes
(78.34%) in 2014 are the offences impairment to use of computers (40.35%),
fraud (30.52%) and offences against reputation and credit (7.48). The case
numbers of the offences impairment to use of computers are 4,536 while
frauds are 5,714, increasing 2,597 cases compared with 2013. That is the major
cause of the rising of cybercrimes (see the following figure for details).

IV. Conclusions and Suggestions

I) Raising information security issues to the level of national security.
II) Emphasizing the importance of protecting citizens' rights, in particular
protection of personal information and privacy.
III) Increasing emphasis on security issues related to cloud computing and

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 mobile Apps(eg. Line).
IV) Emphasizing government/private sector or industry-academic
cooperation issues.
V) Enhancing international cooperation on combating cross-border
cybercrimes and information exchange.

Reference materials:
1. NICST (December, 2013), “National Strategy for Cybersecurity Development
Program(2013 to 2016)”, Please refer to
http://www.nicst.ey.gov.tw/en/Default.aspx
2. NPA(October 30, 2015), “An Overview of NPA’s Effort on Anti-Cyber
Crime(Chinese Version)”
3. Chou, Ching Ming (November 4, 2015), “An Overview of Anti-Cybercrime Efforts
Made by MJIB”(as the appendix report)

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Appendix Report:

An Overview of Anti-Cybercrime Efforts Made by MJIB

By Chou, Ching Ming, Investigator of MJIB on Nov 4, 2015
Abstract
According to the survey conducted by Taiwan Network Information Center
in 2013, 83 percent of Taiwanese households are hooked up to the Internet.
Along with the expansion of Internet access, expansions of internet crimes are
paralleled simultaneously. Recognizing cyberspace as an important new frontier
in law enforcement, Taiwanese authorities are taking positive action toward
fight cybercrime. In 2003, Taiwan took a major step forward by passing a
number of amendments and the addition of an entirely new chapter to Taiwan's
Criminal Code. The code's new Chapter 36: "Offenses against Computer
Security” considerably enhances the protection of computers and computer
systems. In 2006, Investigation Bureau, Ministry of Justice (MJIB) established a
computer forensic laboratory (CFL) at MJIB Headquarters along with the
Cybercrime Investigation Unit (CIU), a branch responsible for implementing the
national strategies in combating computer crimes.
I. Introduction
The development of new technology such as computers and the
internet are bound to have both positive and negative effects. Cybercrime,
with the nature of low risk, high rewards, develops a variety of forms
including network attack, mail fraud, intimidation, and copyright
infringement. This commonly involves economic crimes such as identity
theft, credit-card fraud, and bank fraud which in turn, costs businesses
and individuals billions of dollars. Special task forces, such as the CIU
Investigation Bureau, have been set-up to fight cybercrime in Taiwan since
2003. The CIU investigates computer crimes by working with other
government agencies, the private sector, academic institutions, and
foreign counterparts, for instance the G-8 24/7 Computer Crime Network.
II. Fighting Cybercrime in Taiwan
Cyber-crime may involve making unauthorized use of individuals'
personal information, stealing companies' confidential business
information or selling state secrets; these new types of crimes thus affect
every level of society. Although certain forms of unauthorized computer
access were criminalized in earlier laws, those laws suffered from a
number of problems, including being too limited in scope. From the
standpoint of law enforcement, it is better to have laws that are widely
applicable rather than laws that focus on narrowly defined types of

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 criminal behavior. To Recognize and respond to the need for plugging the
gaps in the existing legal and regulatory framework in the face of
cyber-crime and to eliminate any loopholes in Taiwanese law, on June 25,
2003 the Taiwanese government added a new chapter, Chapter 36
(Offenses against computer security) to Taiwan's Criminal Code. Chapter
36 is designed to cover a wider range of conditions and provide the
flexibility necessary to deal with future cybercrime variations.
Besides MJIB, the Ministry of Justice has established a Cybercrime
Prevention and Fighting Center in the Prosecutors’ Office. Based on the
Ministry of Justice statistics, in 2013, prosecution of computer related
crime totaled 3,357 persons, with 2,635 convections. As to Chapter 36,
there were 74 persons charged with 29 convections. In 2014, prosecution
of computer related crime totaled 3,159 persons, with 2,525 convections.
As to Chapter 36, there were 67 persons charged with 42 convections.
Between the years 2012-2013, there was a 5.9% decrease in the overall
prosecution of computer related crime persons, and a 9.5% decrease in
persons subject to Chapter 36, also was a 4.2% decrease in the overall
convection of computer related crime, and 44.8% growth in persons
subject to Chapter 36 in 2013 compare to the pervious year.
(http://www.moj.gov.tw/site/moj/public/MMO/moj/stat/new/newtable1.
pdf)
III. An introduction of Chapter 36 of Criminal Law and Frequently Used
Statutes
Taiwan's Criminal Code Chapter 36 Offenses against computer
security) contains six articles covering four types of crime: unauthorized
access (Article 358), the unauthorized acquisition, deletion or alteration of
electromagnetic records (Article 359), unauthorized use of or interference
with a computer system (Article 360) and creating computer programs
specifically for the perpetration of a crime (Article 362). Article 361
specifies that more severe punishment should be imposed in the case of
violations carried out against the computers or other equipment of a
public service organization, and Article 363 states that the provisions of
Articles 358–360 shall apply only after prosecution is instituted upon
complaint. These new articles provide a clear legal basis for the
punishment of common types of cybercrime such as unauthorized access
by hackers, the spreading of computer viruses and the use of Trojan horse
programs.
The following statutes are used most frequently by the MJIB to
investigate computer-related crimes:1. Chapter 36 of Criminal Law as

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 mentioned above: Offenses of interfering with the usage of computers. 2.
Chapter 36 of Criminal Law: Forgery. 3. The Act for the Prevention of
Juveniles Prostitution: Sexual Exploitation of Children. 4. Chapter 21 of
Criminal Code (Obscenity Crimes Chapter): Online Pornography. 5. Chapter
23 of Criminal Code (Threats Chapter): Online Threats. 6. Chapter 32 of
Criminal Code (Fraud Crimes Chapter): Mail Fraud and Wire Fraud. 7.
Copyright Law/ Trademark Law: IPR Infringement. 8. Communication
Protection and Interception Law: Electronic Communications Privacy.
IV. How the MJIB investigate computer crime
The Ministry of Justice, Investigations Bureau (MJIB) is responsible for
national security and investigating major crimes. The MJIB also investigates
public corruption, economic, drug, money laundering, and cybercrime. The
Cybercrime Investigation Unit (CIU), a division of MJIB, is responsible for
implementing national strategy in combating computer crimes in Taiwan.
MJIB use sophisticated methods to investigate and coordinate cyber
incidents. The CIU processes complaints of cybercrime and coordinates
computer crime investigations. The MJIB’s Cyber Division Headquartered in
Taipei, coordinates investigations in which networks or computers are
exploited as instruments in criminal activity or as targets. High priority is
given to investigations that involve terrorist organizations or intelligence
operations sponsored by foreign governments. The MJIB trains computer
investigators to work in MJIB field offices on current cybercrime issues,
techniques and cases. The MJIB also maintains a Computer Forensic
Laboratory (CFL) used for advanced data recovery, research & development,
and prosecution.
The MJIB maintains a Computer Forensic Laboratory (CFL) at MJIB
Headquarters in Taipei for advanced data recovery and for research and
development. Technology has made it easier for criminals to hide
information about their crimes. Because of the sophistication of the digital
environment, evidence is collected and handled differently than it was in
the past and often requires careful computer forensic investigation. CFL is a
one-stop, full service forensics laboratory and training center devoted
entirely to the examination of digital evidence in support of criminal
investigations. Four MJIB field offices also have specialized cyber squads
called Cyber Action Teams which their major duties are to investigate and
aid in cybercrime investigations.
The MJIB is sensitive to the victim's concerns about public exposure,
so any decision to investigate is jointly made between the MJIB and the
Prosecutor in order to safeguard the victim's fundamental human rights.

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V. Conclusion
Some of the challenges faced by law enforcement on the international
front include: harmonization of countries' criminal laws; locating and
identifying perpetrators across borders; and securing electronic evidence of
their crimes so that they may be brought to justice. Complex jurisdictional
issues arise at each step. The Ministry of Justice is attending many
anti-cybercrime international organizations and working with foreign
governments through many channels to address global threats related to
computer crime.
Cybercrime greatly affects individuals, businesses, and national
security due to the pervasiveness of the Internet. We believe that different
countries should work together and use legal, organizational, and
technological approaches to combat cybercrime, to reduce the damage to
critical infrastructures, and to protect the Internet from being abused.