A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

Article 6 misuse of devices 1 each party shall adopt

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transmitting, damaging, deleting, deteriorating, altering or suppressing computer data. Article 6 – Misuse of devices 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 and without right:
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25 a. the production, sale, procurement for use, import, distribution or otherwise making available of: i. a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established in accor- dance with the above Articles 2 through 5; ii. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed, with intent that it be used for the purpose of committing any of the offences established in Articles 2 through 5; and b. the possession of an item referred to in paragraphs a.i or ii above, with intent that it be used for the purpose of committing any of the offences established in Articles 2 through 5. A Party may require by law that a number of such items be possessed before criminal liability attaches. 2. This article shall not be interpreted as imposing criminal liability where the produc- tion, sale, procurement for use, import, distribution or otherwise making available or possession referred to in paragraph 1 of this article is not for the purpose of commit- ting an offence established in accordance with Articles 2 through 5 of this Conven- tion, such as for the authorised testing or protection of a computer system. 3. Each Party may reserve the right not to apply paragraph 1 of this article, provided that the reservation does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 a.ii of this article. Title 2 – Computer-related offences Article 7 – Computer-related forgery 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 and without right, the input, alteration, deletion, or suppression of computer data, resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelli- gible. A Party may require an intent to defraud, or similar dishonest intent, before crimi- nal liability attaches.
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26 Article 8 – Computer-related fraud 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 and without right, the causing of a loss of property to another person by: a. any input, alteration, deletion or suppression of computer data; b. any interference with the functioning of a computer system, with fraudulent or dishonest intent of procuring, without right, an economic benefit for oneself or for another person.
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