Introduction HIPCAR – Cybercrime/e-Crimes In Conclusion The six HIPCAR model legislative texts provide the project’s beneficiary countries with a comprehensive framework to address the most relevant area of regulation with regard to information society issues. They were drafted by reflecting both the most current international standards as well as the demands of small islands developing countries in general and – more specifically – those of HIPCAR’s beneficiary countries. The broad involvement of stakeholders from these beneficiary countries in all phases of development of the model legal texts ensures that they can be adopted smoothly and in a timely manner. Although the focus has been on the needs of countries in the Caribbean region, the aforementioned model legislative texts have already been identified as possible guidelines also by certain countries in other regions of the world. Given the specific and interrelated natures of the HIPCAR model texts, it will be most advantageous for the project’s beneficiary countries to develop and introduce legislation based on these models in a coordinated fashion. The Electronic Commerce models (Transactions and Evidence) will function most effectively with the simultaneous development and passage of Cybercrime and Interception of Communications frameworks, as they are so closely related and dependent on each other to address the concerns of robust regulatory development. Similarly, the Access to Public Information and the Privacy and Data Protection frameworks consist of such synergies in administrative frameworks and core skill requirements that simultaneous passage can only strengthen both frameworks in their implementation. In this way there will be optimal opportunity created to utilise the holistic frameworks that are established in the region. 1.5. This Report This report deals with Cybercrime, one of the work areas of the Working Group on the ICT Policy and Legislative Framework on Information Society Issues. It includes Model Policy Guidelines and a Model Legislative Text including Explanatory Notes that countries in the Caribbean may wish to use when developing or updating their own national policies and legislation in this area. Prior to drafting this document, HIPCAR’s team of experts – working closely with the above Working Group members – prepared and reviewed an assessment of existing legislation on information society issues in the fifteen HIPCAR beneficiary countries in the region focusing on six areas: Electronic Transactions, Electronic Evidence in e-Commerce, Privacy and Data Protection, Interception of Communications, Cybercrime, and Access to Public Information (Freedom of Information). This assessment took account of accepted international and regional best practices. This regional assessment – published separately as a companion document to the current report3 – involved a comparative analysis of current legislation on Cybercrime in the HIPCAR beneficiary countries and the identification of potential gaps in this regard, thus providing the basis for the development of the model policy framework and legislative text presented herein. By reflecting national, regional and international best practices and standards while ensuring compatibility with the legal traditions in the Caribbean, the model documents in this report are aimed at meeting and responding to the specific requirements of the region. The HIPCAR Steering Committee – chaired by the Caribbean Telecommunications Union (CTU) – provided guidance and support to a team of consultants, including Dr. Marco Gercke and Ms. Pricilla Banner. The model legislative text on Cybercrime was developed in three phases initially by HIPCAR consultants: (1) the drafting of an assessment report; (2) the development of model policy guidelines; and (3) the drafting of the model legislative text. The draft documents were then reviewed, discussed and adopted by broad consensus by participants at two consultation workshops for the HIPCAR Working Group on Information 3 6 See HIPCAR “Cybercrime: Assessment Report” available at www.itu.int/ITU-D/projects/ITU_EC_ACP/hipcar/ > Model Policy Guidelines & Legislative Text