countries may use to elaborate their own cybercrime legislation and thus facilitate
international cooperation against cybercrime
15.2.1.1 Cybercrime Toolkit for Developing Countries
The “Understanding Cybercrime: A Guide for Developing Countries” is the second major
ITU cybercrime resource. The Guide aims to help developing countries:
Understand the national and international implications of cyber threats;
Assess the requirements of existing national regional and global instruments; and
Establish sound legal foundations.
The Guide provides a comprehensive overview of the most relevant topics linked to the
legal aspects of cybercrime. Furthermore, the Guide identifies international approaches
as well as good practice examples from national solutions.
15.2.1.2 ITU Toolkit for Cybercrime Legislation
ITU has collaborated with the American Bar Association’s (ABA) Privacy and Computer
Crime Committee (PACC) and more than a hundred legal and cybersecurity specialists
to create a document entitled the “ITU Toolkit for Cybercrime Legislation.” The Toolkit
analyses cybercrime legislation of Australia, Canada, the European Union, the Council of
Europe, Germany, Japan, Mexico, Singapore, India, China, the United Kingdom and the
USA. Therefore, this Guide recommends that ITU Member States consider aligning their
national cybercrime laws with the ITU Toolkit because:
The Toolkit incorporates salient points from legislation of major countries (developed
and developing) as well as influential regional bodies; and
The Toolkit helps address gaps in country and regional cyber legislation.
Countries may customise the Toolkit’s Sample Language to form local cybercrime laws.
Countries that model legislation on the Toolkit’s Sample Language would facilitate global
cooperation as the Toolkit’s Clauses help resolve jurisdictional and evidentiary issues.
15.3
ACTION 2: GOVERNMENT LEGAL
AUTHORITY
The second action deals with providing the government the legal power it requires to
undertake activities to ensure that cyberspace keeps a country secure and prosperous.
As we saw earlier, depending on national conditions, priorities and needs, you should
focus on providing the national administration the requisite legal authority to:
Create regionally and globally compatible cybersecurity organisational structures;
Designate a system as critical national information infrastructure;
Mandate government and critical infrastructure operators and owners to prepare and
test emergency plans in the event of a nationwide cyber attack;
Define the legal basis for creating a national CIRT;
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