(2) Suggestion on further strengthening international cooperation.

In response to the new challenges brought about by cybercrime and in order to effectively combat transnational cybercrime, it is necessary to further strengthen international cooperation; otherwise the Internet will become the playground for all kinds of transnational crime. I will make a few suggestions on how to strengthen international cooperation: First, I propose we give priority to strengthening cooperation in cases of double criminality. Because laws related to cybercrimes vary greatly among countries, and it is difficult to establish a universal or relatively uniform international substantive law and procedural law in the short term, I propose, under the present situation, we compare our laws and make clear the types of cases of double criminality, and therefore focus our cooperation on the investigation of these cases. For example, through the China-US Joint Liaison Group (JLG) of Law Enforcement, China and the United States exchanged their legal system version related to cybercrimes, laying a basis for making clear which cases are of double criminality. Second, I propose to promote the improvement of bilateral judicial assistance agreements, and focus on resolving problems existing in the proceedings of retrieving related cybercrime evidences in different nations. At present, using network resources of other countries to commit crimes has become a common trend, so I suggest that all countries promote the improvement of judicial assistance agreements, specify the proceedings of helping other countries retrieve electronic data and the corresponding conditions. At the same time, make efforts to specify the scope and formulate proceedings of assistance for cases beyond the scope of double criminality. Third, I propose to further establish a rapid coordination mechanism. As the departments responsible for cybercrimes vary in different countries and there is often more than one such department in the same country, I suggest all countries appoint a special department with special staff to provide national coordination. Further, all countries should establish their own system or set laws for international cooperation so as to reduce the cumbersome approval procedures. As for cases of double criminality, we should keep the related data for each other even before the formal notice asking for assistance and provide the data as soon as the formal request arrives. Fourth, I propose we start with simple collaboration and focus on collaboration in the investigation into certain cases and the construction of specific mechanisms. We suggest that cooperation begin with relatively easy areas and gradually explore the establishment of highly effective cooperation mechanism. On the one hand, we should strengthen cooperation in certain case. We should make concerted efforts in busting major cases of double criminality, and promote the understanding of bilateral legal systems to improve law enforcement cooperation mechanisms. For example, as I mentioned earlier, "Young Hong Empire" case of child pornography websites can be taken as a case of joint investigation between China and the United States. On the other hand, we should promote the construction of specific mechanism. The mechanism to shut down phishing websites as soon as possible and the mechanism to shut down the botnet control terminal are of this kind. So, we should start with solving individual problems and gradually promote the overall improvement of bilateral cooperation mechanisms.

To conclude, as countries with the most web surfers and websites, China and the United States are bound to share broad prospects for cooperation in fighting against transnational cybercrimes in the future. So, I hereby sincerely invite the US delegates to make frequent visits to China and exchange ideas with us, and discuss the specific measures on combating cross-border cybercrimes.

That’s all for my report. Thank you for your attention.

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