53 this convention addresses cybercrime broadly and

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Africa, signed the Council of Europe’s Cybercrime Convention. 53 This convention addresses cybercrime broadly, and deals with a number of legal issues, including harmonization of substantive law, harmonization of certain procedural aspects of investigations, and facilitation of mutual legal assistance. Under the Cybercrime Convention, states are required to establish a number of defined offenses, including crimes against the confidentiality, integrity and availability of computer systems, their processing capacity and their data content (articles 2-6). These provisions require states to prohibit most types of cyberterrorism. Under the Cybercrime Convention, each member state is required to establish laws that will enable it to intercept, preserve, search and seize data on its networks. These include real-time monitoring of traffic data (article 20) and interception of content data (article 21). Article 22 of the Cybercrime Convention provides that each party shall extend its jurisdiction over offences committed in its territory or by its nationals (where the offence is criminal under the law of the territory where it was committed or if it was committed outside any state’s territory). Perhaps the most important and interesting parts of the Cybercrime Convention for our purposes are the provisions dealing with international cooperation, including extradition and mutual assistance (articles 23-35). A broad range of cybercrimes are made extraditable offenses, and signatories are required to provide mutual assistance to the widest extent possible in connection with the preservation and collection of requested data. Much of the Cybercrime Convention is oriented toward law enforcement after the commission of a crime, rather than interdiction of crime or cyberterrorism. Article 31 deals with mutual assistance regarding access to stored computer data; article 33 deals 53 Convention on Cybercrime, opened for signature Nov. 23, 2001, Europ. T.S. No. 185 [hereinafter Cybercrime Convention], available at . For analyses, see Henrik Kaspersen, A Gate Must Either be Open or be Shut: The Council of Europe Cybercrime Convention Model , in C YBER S ECURITY : T URNING N ATIONAL S OLUTIONS INTO I NTERNATIONAL C OOPERATION 1 (James A. Lewis, ed. 2003); Mike Keyser, The Council of Europe Convention on Cybercrime , 12 J. T RANSNAT ' L L. & P OL ' Y 287 (2003).
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Global Cyberterrorism, Jurisdiction, and International Organization 31 with mutual assistance with respect to real-time collection of traffic data and article 34 deals with mutual assistance with respect to interception of content data. Thus, it can be said that, in the sense used herein, the Cybercrime Convention is a cybercrime law enforcement convention, not a cyberterrorism convention. While it would be expected to have some incremental benefits against cyberterrorism, it could not be expected to substantially reduce the risk of cyberterrorism by the most dedicated actors.
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  • Spring '12
  • Kushal Kanwar
  • global cyberterrorism

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