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CMU ISR 08732 - Convention on Cybercrime

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Convention on CybercrimeBudapest, 23.XI.2001Additional ProtocolExplanatory ReportFrançaisNon-official translations (various formats):Arabic (Source : INTERPOL)EspañolPortuguês & Relatório explicativoPreambleThe member States of the Council of Europe and the other States signatory hereto,Considering that the aim of the Council of Europe is to achieve a greater unity between itsmembers;Recognising the value of fostering co-operation with the other States parties to thisConvention;Convinced of the need to pursue, as a matter of priority, a common criminal policy aimed atthe protection of society against cybercrime, inter alia, by adopting appropriate legislation andfostering international co-operation;Conscious of the profound changes brought about by the digitalisation, convergence andcontinuing globalisation of computer networks;Concerned by the risk that computer networks and electronic information may also be used forcommitting criminal offences and that evidence relating to such offences may be stored andtransferred by these networks;Recognising the need for co-operation between States and private industry in combatingcybercrime and the need to protect legitimate interests in the use and development ofinformation technologies;Believing that an effective fight against cybercrime requires increased, rapid and well-functioning international co-operation in criminal matters;Convinced that the present Convention is necessary to deter action directed against theconfidentiality, integrity and availability of computer systems, networks and computer data aswell as the misuse of such systems, networks and data by providing for the criminalisation ofsuch conduct, as described in this Convention, and the adoption of powers sufficient foreffectively combating such criminal offences, by facilitating their detection, investigation andprosecution at both the domestic and international levels and by providing arrangements forfast and reliable international co-operation;Page1of24Council of Europe-ETS No. 185-Convention on Cybercrime12/1/2007mhtml:file://C:\CMU\LawCourse2007\readings\Crime\Council of Europe-ETS No_ 185-Co...Mindful of the need to ensure a proper balance between the interests of law enforcement andrespect for fundamental human rights as enshrined in the 1950 Council of Europe Conventionfor the Protection of Human Rights and Fundamental Freedoms, the 1966 United NationsInternational Covenant on Civil and Political Rights and other applicable international humanrights treaties, which reaffirm the right of everyone to hold opinions without interference, aswell as the right to freedom of expression, including the freedom to seek, receive, and impartinformation and ideas of all kinds, regardless of frontiers, and the rights concerning the respectfor privacy;Mindful also of the right to the protection of personal data, as conferred, for example, by the1981 Council of Europe Convention for the Protection of Individuals with regard to AutomaticProcessing of Personal Data;Considering the 1989 United Nations Convention on the Rights of the Child and the 1999International Labour Organization Worst Forms of Child Labour Convention;Taking into account the existing Council of Europe conventions on co-operation in the penalfield, as well as similar treaties which exist between Council of Europe member States andother States, and stressing that the present Convention is intended to supplement thoseconventions in order to make criminal investigations and proceedings concerning criminaloffences related to computer systems and data more effective and to enable the collection ofevidence in electronic form of a criminal offence;Welcoming recent developments which further advance international understanding and co-operation in combating cybercrime, including action taken by the United Nations, the OECD,the European Union and the G8;Recalling Committee of Ministers Recommendations No. R (85) 10 concerning the practicalapplication of the European Convention on Mutual Assistance in Criminal Matters in respect ofletters rogatory for the interception of telecommunications, No. R (88) 2 on piracy in the fieldof copyright and neighbouring rights, No. R (87) 15 regulating the use of personal data in thepolice sector, No. R (95) 4 on the protection of personal data in the area of telecommunicationservices, with particular reference to telephone services, as well as No. R (89) 9 on computer-related crime providing guidelines for national legislatures concerning the definition of certaincomputer crimes and No. R (95) 13 concerning problems of criminal procedural law connectedwith information technology;Having regard to Resolution No. 1 adopted by the European Ministers of Justice at their 21stConference (Prague, 10 and 11 June 1997), which recommended that the Committee ofMinisters support the work on cybercrime carried out by the European Committee on CrimeProblems (CDPC) in order to bring domestic criminal law provisions closer to each other andenable the use of effective means of investigation into such offences, as well as to ResolutionNo. 3 adopted at the 23rd Conference of the European Ministers of Justice (London, 8 and 9June 2000), which encouraged the negotiating parties to pursue their efforts with a view tofinding appropriate solutions to enable the largest possible number of States to become partiesto the Convention and acknowledged the need for a swift and efficient system of internationalco-operation, which duly takes into account the specific requirements of the fight againstcybercrime;Having also regard to the Action Plan adopted by the Heads of State and Government of theCouncil of Europe on the occasion of their Second Summit (Strasbourg, 10 and 11 October1997), to seek common responses to the development of the new information technologiesbased on the standards and values of the Council of Europe;Have agreed as follows:Page2of24Council of Europe-ETS No. 185-Convention on Cybercrime12/1/2007mhtml:file://C:\CMU\LawCourse2007\readings\Crime\Council of Europe-ETS No_ 185-Co...Chapter I – Use of termsArticle 1 – DefinitionsFor the purposes of this Convention:a "computer system" means any device or a group of interconnected or relateddevices, one or more of which, pursuant to a program, performs automaticprocessing of data;b "computer data" means any representation of facts, information or concepts ina form suitable for processing in a computer system, including a program suitableto cause a


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CMU ISR 08732 - Convention on Cybercrime

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