the council of europe cybercrime convention

8/2/2019 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

the council of europe cybercrime convention

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