A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

41 convention on cybercrime article 6 misuse of

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41 Convention on Cybercrime 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: 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. Peoples Republic of China, Penal Code section 22 on preparatory crime, make the following acts a criminal offence: x Preparation of tools to commit a crime x Creation of conditions to commit a crime
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42 Sweden, an Article 23 kap. 2 BrB on preparatory acts was adopted on July 1, 2001, in conjunction with other amendments in the Penal Code. The Article includes: “any involvement with something that is especially suitable to be used as a tool for a crime” A separate alternative “The production, obtaining, possession, sale or otherwise making available for another, computer programs and data especially suitable as a tool for criminal conducts in a com- puter system or network, when committed intentionally, shall be punished as a prepara- tory act to criminal offences.” Another alternative may be expanding the traditional concept of “attempting to commit an offence” to in- clude all categories of intentional preparatory acts.
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43 P ART T HREE E XPLANATORY REPORT In this explanatory report, commentaries are made on the Articles in Part one – General Provisions. With regard to the provisions included in Part two, Articles of the Council of Europe Convention on Cybercrime and the Explanatory Report to the Convention may be found at the website http://conventions.coe.int/Treaty/EN/Reports/Html/185.htm"
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