A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

Nal law section article 1 definitions for the

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nal law section: Article 1 – Definitions For the purposes of this Convention: a. "computer system" means any device or a group of interconnected or related de- vices, one or more of which, pursuant to a program, performs automatic process- ing of data; b. “computer data” means any representation of facts, information or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function; c. “service provider” means: i any public or private entity that provides to users of its service the abil- ity to communicate by means of a computer system, and ii any other entity that processes or stores computer data on behalf of such communication service or users of such service; d. “traffic data” means any computer data relating to a communication by means of a computer system, generated by a computer system that formed a part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service. Section 1 – Substantive criminal law Title 1 – Offences against the confidentiality, integrity and availability of computer data and systems Article 2 – Illegal access Each Party shall adopt such legislative and other measures as may be necessary to estab- lish as criminal offences under its domestic law, when committed intentionally, the ac-
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24 cess to the whole or any part of a computer system without right. A Party may require that the offence be committed by infringing security measures, with the intent of obtain- ing computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system. Article 3 – Illegal interception Each Party shall adopt such legislative and other measures as may be necessary to estab- lish as criminal offences under its domestic law, when committed intentionally, the in- terception without right, made by technical means, of non-public transmissions of computer data to, from or within a computer system, including electromagnetic emis- sions from a computer system carrying such computer data. A Party may require that the offence be committed with dishonest intent, or in relation to a computer system that is connected to another computer system. Article 4 – Data interference 1. Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right. 2. A Party may reserve the right to require that the conduct described in paragraph 1 result in serious harm. Article 5 – System interference Each Party shall adopt such legislative and other measures as may be necessary to estab- lish as criminal offences under its domestic law, when committed intentionally, the seri- ous hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data.
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