CYBER CRIME & CYBER SECURITY TRENDS IN AFRICA Article 7 Computer-related forgery Article 8 Computer-related fraud Article 9 Offences related to child pornography Article 10 Offences related to infringement of copyright and related rights Article 11 Attempt, aiding or abetting Article 12 Corporate liability It is noteworthy that these provisions alone or in combination still cover most of what constitutes cyber crime even now, fifteen years after adoption of the Convention, because they have been formulated in a technology-neutral manner. Guidance Notes adopted by the Cyber Crime Convention Committee show how different provisions can be applied to address botnets, distributed denial of service attacks and other phenomena.8 Of course, an international agreement always represents a minimum common denominator, and a State is free to decide to go beyond. However, many States, including in Africa, often face opposition when attempting to criminalise additional types of conduct. This is particularly true for often vaguely defined provisions that criminalise contents, speech or anything “contrary to morality”. Procedural Law: Law Enforcement Powers to Secure Electronic Evidence The Budapest Convention comprises a range of specific procedural law powers such as orders for the search, seizure and production of data or the interception of communications as well as the power to order the expedited preservation of data. The procedural powers are: Procedural powers in the Budapest Convention on Cyber Crime Article 16 Expedited preservation of any type of data Article 17 Expedited preservation and partial disclosure of traffic data Article 18 Production orders Article 19 Search and seizure of stored computer data Article 20 Real-time collection of traffic data Article 21 Interception of content data Importantly, these apply to: • Specific criminal investigations where specified data is needed. They don’t apply to national security measures or the bulk collection of data; • Electronic evidence in relation to any type of crime and not only in relation to offences against and by means of computers. 8 http://www.coe.int/en/web/cybercrime/guidance-notes 51

Select target paragraph3