Download - The Council of Europe Cybercrime Convention
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THE COUNCILOF EUROPE
CYBERCRIME CONVENTION
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BACKGROUND
The 41 Nation Council of Europe drafted the Cybercrime Convention
after four years and twenty-seven drafts.
The September 11, 2001 terrorist attacks
The COE Convention on Cybercrime was opened for signature on
November 23, 2001.
The Convention was opened for signature in Budapest, on November 23,
2001.
35 have signed the treaty, with Albania and Croatia having ratified it as
well.
To date, the Convention has been signed by 38 Council of Europe
members and five non-members (the United States, Canada, Japan,
Montenegro, and South Africa) that also participated in the negotiations.
The Conventions main goal is to establish a common criminal policy to
better combat computer-related crimes worldwide through harmonizing
national legislation, enhancing law enforcement and judicial capabilities,
andimproving international cooperation.
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OBJECTIVES
The Convention is intended to be the first international treaty on crimes
committed via the Internet and other computer networks.
Its provisions particularly deal with infringements of copyrights,computer-related fraud, child pornography, and violations of network
security.
Main objective as set out in Preamble is to pursue . . . a common
criminal policy aimed at the protection of society against cybercrime . . .
especially by adopting appropriate legislation and fosteringinternational co-operation.
SCOPE
Four Main Segments
First Section outlines the substantive criminal laws. Second Section delineates the prosecutorial and procedural requirements.
Third Section sets out guidelines for international cooperation
Fourth Section contains the articles pertaining to the Signing of the
Convention, territorial application of the Convention, declarations,
amendments, withdrawals, and the ever-important, federalism clause.
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TITLE II: COMPUTER RELATED OFFENCES
Article 7 - Computer-Related Forgery
Article 6 - Computer-Related Fraud
TITLE III: CONTENT RELATED OFFENCES
Article 9Offenses Related to Child Pornography
TITLE IV: OFFENCESRELATEDTOINFRINGEMENTSOFCOPYRIGHTANDRELATEDRIGHTS
Article 10Offences related to infringements of copyright andrelated rights
TITLE V: ANCILLARYLIABILITYANDSANCTIONS
Article 11Attempt and aiding or abetting
Article 12Corporate liability
Article 13Sanctions and Measures
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SECTION 2PROSECUTORIAL AND
PROCEDURAL REQUIREMENTS
Convention parties must take at the national level for the purposeof criminal investigation of the offences established in Section 1.
Overcoming the major challenges associated with
policing the ever-expanding information highway1. Difficulty in identifying the perpetrator,
2. Difficulty in determining the extent and impact of the criminal
act,
3. Difficulty in dealing with the volatility of electronic data, and
4. Difficulty in maintaining the speed and secrecy vital in the
success of a cybercrime investigation.
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Article 15Conditions and Safeguards
Article 16Expedited Preservation of Stored Computer
Data Article 17Expedited Preservation and Partial
Disclosure of Traffic Data
Article 18Production Order
Article 19Search and Seizure of Stored Computer
Data
Article 20Real-Time Collection of Traffic Data
Article 21Interception of Content Data
Article 22Jurisdiction
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SECTION 3INTERNATIONAL COOPERATION
Article 23General Principles Relating to International Cooperation
Article 24Extradition
Article 25General Principles Relating to Mutual Assistance
Article 26Spontaneous Information
Article 27Procedures Pertaining to Mutual Assistance Requests In theAbsence of Applicable International Agreements
Article 28Confidentiality and Limitation on Use Article 29Expedited Preservation of Stored Computer Data
Article 30Expedited Disclosure of Preserved Traffic Data
Article 31Mutual Assistance Regarding Accessing of Stored
Computer Data
Article 32Trans-Border Access to Stored Computer Data With Consent or Where Publicly Available
Article 33Mutual Assistance Regarding the Real-Time Collection of TrafficData
Article 34Mutual Assistance Regarding the Interception of Content Data
Article 3524/7 Network
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SECTION 4FINALPROVISIONS
Article 36Signature and Entry into Force
Article 37Accession to the Convention
Article 38Territorial Application
Article 39Effects of Convention
Article 40Declarations
Article 41Federalism Clause Articles 42 & 43Reservations & Status and Withdrawal
of Reservations
Article 44Amendments
Article 45Settlement of Disputes
Article 46Consultation of the Parties
Article 47Denunciation
Article 48Notification
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CONCLUSION