A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

On mobile networks a particular prob lem is the

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– and as a vehicle to spread viruses and worms. On mobile networks, a particular prob- lem is the sending of bulk unsolicited text messages with the aim of generating traffic to premium-rate numbers. Such conducts may be a criminal offence. An example is the US CAN-SPAM Act of 2003: U.S.C. § 1037. 18 This section criminalizes serious violations, such as where the perpetrator has taken significant steps to hide his identity or the source of the spam, to the receivers, ISP´s or law enforcement agencies. Among the conducts, section § 1037 (a) includes: “materially falsifies header information in multiple commercial electronic mail mes- sages and intentionally initiates the transmission of such messages.” The Convention on Cybercrime does not include a provision on spam, only in cases of serious and intentional hindering of communication 19 or unlawful interference with 18 See 19 Explanatory Report to the Council of Europe Convention on Cybercrime No. 69: “The sending of unsolicited email, for commercial or other purposes, may cause nuisance to its recipient, in particular when such messages are sent in large quantities or with a high frequency ("spamming"). In the opinion of the drafters, such conduct should only be criminalised where the communication is intentionally and seriously hindered. Nevertheless, Parties may have a different approach to hindrance under their law, e.g. by making particular acts of interference administrative offences or otherwise subject to sanction. The text leaves it to the Parties to determine the extent to which the functioning of the system should be
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49 computer networks and systems. Spam is thus covered as a criminal offence in the Convention in cases where the amount of spam has a serious influence on the process- ing power of computer systems, and not when the effectiveness of commerce have been influenced, but not necessarily the computer system. 20 7) Crime in Virtual Worlds A virtual world is a computer-based simulated environment intended for its users to inhabit and interact via “avatars” . These avatars are usually depicted as textual, two- dimensional, or three-dimensional graphical representations. The most popular is Sec- ond Life that was launched in 2003, today “inhabited” by 16 million avatars. 21 In online games 22 an avatar interacts with other avatars like a mirror of human be- ings behaviours and are allowed to build virtual objects with defined economic values. Virtual currency supports commerce that offers virtual objects for sale. Exchanging the virtual currency to real-world currency is also established. Most offences in the virtual worlds may be covered by excisting real worlds criminal legislations, such as forgery and illegal interference, in addition to copyright laws. But the development of virtual worlds must be followed very closely, because the borders be- tween real and virtual worlds are diminishing. If special legal interests needs protection by criminal law, special legal measures may be necessary. Such interests would be global, and a global harmonization should be developed in a Model Law.
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