A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

13 considering the council of europes convention on

Info icon This preview shows pages 77–79. Sign up to view the full content.

View Full Document Right Arrow Icon
1.3. “Considering the Council of Europe’s Convention on Cybercrime as an example of legal measures realized as a regional initiative, countries should complete its ratification, or consider the possibility of acceding to the Convention of Cybercrime. Other countries should, or may want to, use the Convention as a guideline, or as a reference for developing their internal legislation, by implementing the standards and principles it contains, in accordance with their own legal system and practice. With regard to the Council of Europe’s Convention on Cybercrime, some members suggested that countries could be encouraged to join and ratify the Convention and draw on it in drafting their relevant legislation. One member suggested that countries could, or may want to, use the Convention as a guideline, or as a reference for developing their internal legislation, by implementing the standards and principles it contains, in accordance with their own legal system and practice. Other members preferred omitting mention of the Convention on Cybercrime, although they recognized it as an available reference, whilst one member stated that the Convention could not be proposed as the only solution for all states and wished to acknowledge that the Convention is an example of legal measures realized as a regional initiative belonging to those countries which are signatories, consistent with the status accorded to the Convention in paragraph 40 of the WSIS Tunis Agenda for the Information Society. Some members wished to delete recommendation 1.3, despite the insertion of text recognizing
Image of page 77

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
69 the Convention as a regional initiative. One member wished to delete the phrase “may want to” in recommendation 1.3. 1.4. It is very important to implement at least Articles 2-9 in the substantive criminal law section, and to establish the procedural tools necessary to investigate and prosecute such crimes as described in Articles 14-22 in the section on procedural law. A few members wished to delete this recommendation. 1.5. Cybercrime legislation should be designed using existing international and regional frameworks as a reference or as a guideline, and the Convention on Cybercrime was designed in a way so that it could be adapted to technological developments, and laws using the Convention as a guideline should be able to address modern developments. One member wished to delete the first phrase on how cybercrime legislation should be developed. A few other members wished to delete the text referring to the history of the design of the Convention and the normative statement as to what it might be able to achieve. 1.6. Discussions about how to address criminal activities related to online games have just begun. Currently, most states seem to focus on extending the application of existing provisions, instead of developing a new legal framework for activities in virtual worlds. Depending on the status of cybercrime-related legislation, most offences should be covered this way; otherwise, countries should consider an appropriate approach to cover such offences.
Image of page 78
Image of page 79
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern