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
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