Introduction HIPCAR – Cybercrime/e-Crimes Developing the Model Legislative Texts The model legislative texts were developed by taking into account key elements of international trends as well as legal traditions and best practices from the region. This process was undertaken to ensure that to the frameworks optimally meet the realities and requirements of the region of HIPCAR beneficiary countries for which and by which they have been developed. Accordingly, the process involved significant interaction with stakeholders at each stage of development. The first step in this complex process was an assessment of existing legal frameworks within the region through a review of the laws related to all relevant areas. In addition to enacted legislation, the review included, where relevant, bills which had been prepared but had yet to complete the process of promulgation. In a second step, international best practices (for example from United Nations, OECD, EU, the Commonwealth, UNCITRAL and CARICOM) as well as advanced national legislation (for example from the UK, Australia, Malta and Brazil, among others) were identified. Those best practices were used as benchmarks. For each of the six areas, complex legal analyses were drafted that compared the existing legislation in the region with these benchmarks. This comparative law analysis provided a snapshot of the level of advancement in key policy areas within the region. These findings were instructive, demonstrating more advanced development in frameworks relating to Electronic Transactions, Cybercrime (or “Computer Misuse”) and Access to Public Information (Freedom of Information) legislation than evidenced in the other frameworks. Based upon the results of the comparative law analyses, the regional stakeholders developed baseline policy “building blocks” which – once approved by stakeholders – defined the bases for further policy deliberation and legislative text development. These policy building blocks reaffirmed some common themes and trends found in the international precedents, but also identified particular considerations that would have to be included in the context of a region consisting of sovereign small island developing states. An example of a major situational consideration which impacted deliberations at this and other stages of the process was the question of institutional capacity to facilitate appropriate administration of these new systems. The policy building blocks were then used to develop customised model legislative texts that meet both international standards and the demand of the HIPCAR beneficiary countries. Each model text was then again evaluated by stakeholders from the perspective of viability and readiness to be translated into regional contexts. As such, the stakeholder group – consisting of a mix of legislative drafters and policy experts from the region – developed texts that best reflect the convergence of international norms with localised considerations. A broad involvement of representatives from almost all 15 HIPCAR beneficiary countries, regulators, operators, regional organizations, civil society and academia ensured that the legislative texts are compatible with the different legal standards in the region. However, it was also recognised that each beneficiary state might have particular preferences with regard to the implementation of certain provisions. Therefore, the model texts also provide optional approaches within the generality of a harmonised framework. This approach aims to facilitate widespread acceptance of the documents and increase the possibility of timely implementation in all beneficiary jurisdictions. Interaction and Overlapping Coverage of the Model Texts Due to the nature of the issues under consideration, there are common threads that are reflected by all six frameworks. In the first instance, consideration should be given to the frameworks that provide for the use of electronic means in communication and the execution of commerce: Electronic Commerce (Transactions), Electronic Commerce (Evidence), Cybercrime and Interception of Communications. All four frameworks deal with issues related to the treatment of messages transmitted over communications networks, the establishing of appropriate tests to determine the validity of records or documents, and the mainstreaming of systems geared to ensure the equitable treatment of paper-based and electronic material in maltreatment protection, consumer affairs and dispute resolution procedures. 4 > Model Policy Guidelines & Legislative Text