1 council of europe convention on cybercrime 2001 is

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1 Council of Europe Convention on Cybercrime (2001) is a regional initiative. Other countries should, or may want to, use the Convention as a guideline, or as a reference for 1
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ii developing their internal legislation, by implementing the standards and principles it contains, in accordance with their own legal system and practice. But the Convention is based on criminal cyber conducts in the late 1990s. New methods of conducts in cyberspace with criminal intent must be covered by criminal law, such as phishing, botnets, spam, identity theft, crime in virtual worlds, terrorist use of Internet, and massive and coordinated cyber attacks against information infrastrutures. Many countries have adopted or preparing for new laws covering some of those con- ducts. In addition, the terminology included in the Convention is a 1990s terminology, and is not necessarily suitable for the 2010s. Provisions on attempt, aiding or abetting should be enacted and implemented in ac- cordance with the individual countries own legal system and practice and need not neces- sarily be included in a convention. Similar approach should be taken with regard to corporate liability, and punishable sanctions and measures for criminal offences. General principles relating to mutual assistance as described in the Convention on Cybercrime Articles 26-35 are included in the assistance that Interpol may offer to their member countries, and do not need to be included in a Convention. Especially for the transborder access to stored computer data with consent or where publicly available, as described in Articles 32, must be based on consensus by each country. Some countries do not accept such principles, and must be respected for their opinions. With regard to the 24/7 Network, as described in Article 35, is not needed in a Convention. Both Interpol and the G8 countries offers a 24/7 network. The G8 24/7 network is offered to coun- tries outside member countries, and includes today more than 40 countries. Part one of this draft code of crimes against peace and security in cyberspace, in- cludes general provisions and principles on a Global Protocol on Cybersecurity and Cy- bercrime. Part two includes a detailed proposal for a preliminary Model Law on Cybercrime Legislation. The Model Law on Cybercrime Legislation is based on the rec- ommendations that were adopted in a broad agreement by the global High Level Experts Group (HLEG) 2 , and recommendations on additional provisions due to the technologi- cal development since 2001. In addition, it may be expected that the future will need protection of several new legal interests. The HLEG Chairman´s Report in full text is attached in Appendix 1. The Global Strategic Report discussed and delivered by the HLEG is attached in Appendix 2.
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  • Spring '12
  • Kushal Kanwar
  • Law, .........

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