A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

2 wwwcybercrimelawnet iii part three includes

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iii Part three includes commentaries on the general provisions in part one. The Con- vention on Cybercrime has not reached the similar level of acceptance in other regions and countries. Even if the Convention or the principles and standards it contains are accepted, the discussions at the HLEG meetings and the recommendations in the Chairmans Report have revealed that to most other global regions it still is and always will be a European convention. It is in other words necessary within a global framework to recommend the accepted standards and principles in the Convention, with certain important exceptions. Many HLEG members found it necessary to make it clear that the Convention was only an example of a regional initiative, and this was included in the recommendations. It was also made clear that many countries preferred only making use of the Convention as a reference, and nothing more. 3 3 ITU Toolkit for Cybercrime Legislation, released in May 2009, was never discussed at the HLEG meetings or in the Reports. This toolkit was developed through the American Bar Association´s Privacy & Computer Crime Committee.
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Table of contents P ART ONE Draft code on peace and security in cyberspace - A global protocol on cybersecurity and cybercrime ............................................................................................ 1 1. Legal measures in criminal and procedural law ......................................................... 4 2. Measures on cybersecurity ............................................................................................. 6 P ART TWO A model law on cybercrime legislation .......................................................................... 23 P ART T HREE Explanatory report ............................................................................................................ 43 Commentaries for the Articles in Part one are as follows: ........................................ 43 A PPENDIX 1 Chairmans Report of the High-Level Experts Group (HLEG) ...... 62 A PPENDIX 2 Inventory of relevant instruments: ...................................................... 83
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1 P ART ONE D RAFT CODE ON PEACE AND SECURITY IN CYBERSPACE - A GLOBAL PROTOCOL ON CYBERSECURITY AND CYBERCRIME A PROTOCOL TO THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME ; AND THE GENERAL ASSEMBLY RESOLUTIONS ON COMBATING THE CRIMINAL MISUSE OF INFORMATION TECHNOLOGIES Recalling the United Nations Convention against Transnational Organized Crime, adopted by General Assembly Resolution 55/25 in 2000, promoting international coop- eration to more effectively prevent and combat transnational organized crime, Recalling the United Nations Resolutions 55/63 in 2000 and 56/121 in 2001 on Com- bating the criminal misuse of information technologies, in which it invited Member States to take into account measures to combat the criminal misuse of information tech- nologies, Recognizing that the free flow of information in cyberspace can promote economic and social development, education and democratic governance, Noting that the rapid growt of the information and communication technology (ICTs) networks in cyberspace has created new opportunities for criminals in perpetrating crime, and to exploit online vulnerabilities and attack countries’ critical information in- frastructure, Expressing consern that the technological developments in cyberspace have created new needs for cybersecurity measures in protecting against criminal activity and are cyber-
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