A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

Chapter 3 prevention of terrorism implement the

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CHAPTER 3 – PREVENTION OF TERRORISM Implement the Council of Europe Convention on the Prevention of Terrorism (2005) Articles 5-7 Article 5 – Public provocation to commit a terrorist offence 1. For the purposes of this Convention, "public provocation to commit a terrorist of- fence" means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of a terrorist offence, where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed. 2. Each Party shall adopt such measures as may be necessary to establish public provo- cation to commit a terrorist offence, as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal offence under its domestic law. Article 6 – Recruitment for terrorism 1. For the purposes of this Convention, "recruitment for terrorism" means to solicit another person to commit or participate in the commission of a terrorist offence, or to join an association or group, for the purpose of contributing to the commission of one or more terrorist offences by the association or the group. 2. Each Party shall adopt such measures as may be necessary to establish recruitment for terrorism, as defined in paragraph 1, when committed unlawfully and intention- ally, as a criminal offence under its domestic law. Article 7 – Training for terrorism 1. For the purposes of this Convention, "training for terrorism" means to provide in- struction in the making or use of explosives, firearms or other weapons or noxious or
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37 hazardous substances, or in other specific methods or techniques, for the purpose of carrying out or contributing to the commission of a terrorist offence, knowing that the skills provided are intended to be used for this purpose. 2. Each Party shall adopt such measures as may be necessary to establish training for terrorism, as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal offence under its domestic law. CHAPTER 4 – MASSIVE AND COORDINATED CYBER ATTACKS AGAINST INFORMATION INFRASTRUCTURES Recommended: Using ordinary Sections on Damage, Sabotage or Vandalism. Aggre- vated circumstances should be included in sentencing, imprisonment not exceeding 20 years. Alternatives: Germany: Penal Code § 303b Computer Sabotage (1) Whosoever interferes with data prosessing operations which are of substantial im- portance to another by ... 3. destroying, damaging, rendering unusable, removing or altering a data processing sys- tem or a data carrier, shall be liable to imprisonment of not more than five years or a fine. (2) If the data processing operation is of substantial importance for another ´s busines, enterprice or a public authority, the penalty shall be imprisonment of not more than five years or a fine.
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