One member wished to delete this recommendation 17

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One member wished to delete this Recommendation. 1.7. Supplementing Articles in the Convention may however be necessary. Countries should especially consider legislation efforts against spam, identity theft, criminalization of preparatory acts prior to attempted acts, and massive and coordinated cyber attacks against the operation of critical information infrastructure. A few members wished to delete the first sentence referring to the need for supplementing Articles in the Convention. 1.8. Countries should consider how to address data espionage and steps to prevent pornography being made available to minors. One member considered that the term "data espionage" is ambiguous, and should be defined properly, whilst another member wished to remove this term. Two members wished to delete this recommendation. 1.9. The introduction of new technologies always presents an initial challenge for law enforcement. For example, VoIP and other new technologies may be a challenge for law enforcement in the future. It is important that law enforcement, government, the VoIP industry and ICT community consider ways to work together to ensure that law enforcement has the tools it needs to protect the public from criminal activity. 1.9.a Given the responsibility of government authorities in protecting their consumers, special attention should be given to requirements enacted by government authorities that bear directly on the infrastructure-based and operational requirements imposed on those who provide and operate network infrastructures and services, or supply the equipment and software, or end-users. The concept of shared responsibilities and responsible partnership should be underscored in the development of legal measures on cybersecurity obligations in civil matters. A coordinated approach between all parties is necessary to develop agreements, as well as provide civil remedies in the form of judicial orders for action or monetary compensation instituted by legal systems when harm occurs. Two members wished to delete this recommendation. Some members wished to replace the specific references to VoIP with more general text recognizing that the introduction of a broad range of new technologies presents initial challenges for law enforcement. One member supported reference to “government, industry and ICT community”, whilst another wished to make more general reference to “all relevant parties” [who] “should work together to ensure that law enforcement has the tools,
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70 resources and training needed”. One member proposed the specific insertion of the additional text in 1.9(a). 1.10. The implementation of a data retention approach is one approach to avoid the difficulties of getting access to traffic data before they are deleted, and countries should carefully consider adopting such procedural legislation.
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  • Spring '12
  • Kushal Kanwar
  • Law, .........

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