International exchange of cybercriminals

The exchange of cybercriminals between countries is a complex and multi-layered process that includes both legal and illegal aspects. Cybercriminals often exploit the global nature of the Internet to commit crimes while hiding across jurisdictional boundaries. This creates serious problems for law enforcement agencies, which face differences in legislation, language barriers, and a lack of international cooperation. Let's look at the main aspects of the exchange of cybercriminals between countries.

1. The Main Reasons for International Cybercriminal Exchange​

1.1. Committing crimes in another country​

Cybercriminals often operate from one country, while their victims are located in another. For example:

• Hackers from Russia or China may attack companies in the US or Europe.
• Nigerian scammers (419 schemes) can deceive people all over the world.

1.2. Use of offshore zones​

Many cybercriminals register their servers or companies in offshore zones to hide their identity and money:

• Countries with lax cybersecurity laws.
• Lack of extradition of criminals.

1.3. Movement of criminals​

Cybercriminals sometimes physically move between countries to avoid arrest:

• Relocation to countries with minimal extradition.
• Purchasing citizenship through investment programs.

2. Methods of international cooperation​

To combat cybercrime, countries are forced to cooperate. Here are the main methods:

2.1. Extradition​

Extradition is the process of transferring a suspect or convicted person from one country to another country for trial or to serve a sentence:

• Requires bilateral agreements.
• Example: US demands extradition of Eastern European hacker.

2.2. Interpol​

Interpol (International Police Organization) plays a key role in coordinating the efforts of law enforcement agencies in different countries:

• Issuing red notices to search for criminals.
• Sharing data on cyber attacks.

2.3. International agreements​

Countries enter into agreements to jointly combat cybercrime:

• Council of Europe Convention on Cybercrime (Budapest Convention).
• Bilateral cooperation agreements.

2.4. Joint investigations​

Law enforcement agencies from different countries can conduct joint operations:

• Example: Operation Dark Hunt (international operation against hackers).

3. Cybercriminal Exchange Problems​

3.1. Differences in legislation​

• In some countries, actions that are considered a crime in one jurisdiction may be legal in another.
• Example: In Russia, hacker attacks on foreign companies may not be prosecuted if they do not affect Russian interests.

3.2 No extradition​

• Not all countries have extradition agreements.
• Example: Russia and the United States do not always cooperate on this issue.

3.3. Political motives​

• Some countries may use cybercriminals for their own political purposes.
• Example: State hackers working under government cover.

3.4 Technical difficulties​

• Anonymity on the Internet makes it difficult to identify criminals.
• The use of VPNs, Tor and cryptocurrencies complicates investigations.

4. Examples of successful exchange by cybercriminals​

4.1. The case of Alexander Vinnik​

• Alexander Vinnik, a Russian citizen, was arrested in France at the request of the United States.
• He was accused of money laundering through the BTC-e cryptocurrency exchange.
• After lengthy negotiations, he was extradited to the United States.

4.2. Arrest of REvil group members​

• In 2021, Russian authorities arrested members of the REvil hacker group, which operated around the world.
• This was the result of international pressure and cooperation.

4.3. Successful Interpol Operations​

• Interpol regularly conducts operations against international cybercriminals.
• Example: Shutting down botnets and arresting administrators.

5. How can countries improve cooperation?​

5.1. Harmonization of legislation​

• Creating uniform standards for defining cybercrimes.
• Extension of the Budapest Convention.

5.2. Strengthening extradition​

• Signing new extradition agreements.
• Simplifying the procedures for the transfer of criminals.

5.3. Joint technical solutions​

• Sharing technologies to track criminals.
• Sharing databases.

5.4. Fight against offshore companies​

• Closing offshore zones used for money laundering.
• International control over cryptocurrencies.

6. Conclusion​

The exchange of cybercriminals between countries is a complex process that requires international cooperation, harmonization of legislation, and the use of modern technologies. Cybercriminals often take advantage of gaps in legal systems and the global nature of the Internet. However, successful examples of arrests and investigations show that joint efforts can lead to positive results.

Key takeaway: To effectively combat cybercrime, countries must increase cooperation, close legal gaps, and implement innovative technologies to track and prevent crimes.

The exchange of cybercriminals between countries is a complex international legal process, governed by treaties on legal assistance and extradition. Here's how it works in reality:

Mechanisms for extradition of criminals​

1. Extradition Treaties
   • Bilateral agreements between states (e.g. the US has treaties with 100+ countries)
   • Multilateral conventions (e.g. the Budapest Convention on Cybercrime)
2. Interpol (red notices)
   • Coordinates searches via I-24/7 system
   • But has no authority to make arrests – only informs police
3. Political instruments
   • Sanction pressure (as in the case of the Russian Federation after incidents with hackers)
   • “Dark” negotiations between intelligence agencies

Real cases (2020-2024)​

• Extradition of hackers from the Russian Federation to the USA :
  • 2021 — Alexey Burkov (credit fraud)
  • 2023 — Denis Kulagin (Ransomware)
  • But refusal to extradite Vladimir Dryukov (Columbia → Russian Federation)
• EU ↔ US :
  • 2022 — Extradition of Russian Nikita Kuzmin from Greece for hacking Tesla
• Chinese practice :
  • More often makes deals - returns criminals for trial in China

⚖Extradition issues​

1. Lack of agreements (for example, Russia-USA after 2011)
2. Politicization (cybercriminals as a "bargaining coin")
3. Double criminality - the act must be a crime in both countries

Extradition statistics​

*More often - voluntary deportation after serving a sentence

Trends​

• Tightening sanctions for concealment (like the new EU Cyber Diplomacy Toolbox)
• Growth of non-contractual schemes (for example, “exchange” of hackers through third countries)

For lawyers, this area is a gold mine: only 17% of countries have cyber experts in extradition agencies.

The exchange of cybercriminals between countries is a complex and rarely used process that depends on many factors, including international relations, legal agreements, and the level of cooperation in combating cybercrime.

1. International cooperation​

• The fight against cybercrime is often discussed at international platforms such as the UN, BRICS and other organizations. For example, BRICS countries emphasize the importance of sharing information on cyberattacks to strengthen defense measures and ensure sovereign cyberspace.
• However, tensions between countries can hinder effective cooperation. The high level of anonymity on the Internet and political differences make it difficult to combat cybercriminals.

2. Political aspects​

• The exchange of cybercriminals is often the subject of political negotiations. For example, US President Joe Biden has stated that he does not agree to the exchange of cybercriminals with Russia, but supports holding them accountable for the crimes they commit.
• The United States also expects Russia and other countries to take active steps to combat cybercrime, which underscores the importance of international cooperation in this area.

3. Legal and technical difficulties​

• The exchange of cybercriminals requires bilateral or multilateral extradition agreements. However, such agreements do not always cover cybercrimes, especially if they are not recognized as crimes in both countries.
• In addition, cybercriminals often operate from countries that do not cooperate with the international community on extradition or cybersecurity issues.

4. Alternative measures​

• Instead of exchanging cybercriminals, countries can focus on sharing information about cyberattacks, which helps prevent new threats and strengthen cybersecurity. This is especially important for countries that want to protect their sovereign cyberspace.

Conclusion​

Sharing cybercriminals between countries is a rare practice that faces political, legal and technical obstacles. Instead, countries often focus on sharing information and joint measures to prevent cyberattacks.