Section III HIPCAR – Cybercrime/e-Crimes Similar to the operation of the other provisions of the legislative text, Section 11 requires that the offender acted intentionally. This intent refers to the manipulation as well as the incidence of consequential financial loss. In addition, Section 12 requires that the offender acted with a fraudulent or dishonest intent in order to gain economic or other benefits for oneself or another. One example for acts excluded from criminal liability due to lack of special intent is commercial practices arising from market competition that may cause economic detriment to one person and benefit to another, but that are not carried out with fraudulent or dishonest intent. Moreover, Section 12 requires that the offender is acting without lawful excuse or justification. Section 13: Child Pornography Section 13 contains a wide criminalisation of acts related to child pornography. The criminalization of child pornography intends to protect several legal interests. Through the criminalization of the production of child pornography the provision aims to protect children from becoming victims of sexual abuse. With regard to the prohibition of acts related to the exchange of child pornography (offering, distributing) as well as the possession of child pornography, the criminalization of such acts aims to destroy the market for such material, as the ongoing demand for new material can motivate offenders to continue the abuse of children. In addition to this, the prohibition of exchange aims to hinder persons from obtaining access to such material and thereby to prevent a trigger effect that with regard to sexual abuse of children. “Production” means any process of creating child pornography. It is necessary that the production of child pornography is carried out for the purpose of distribution through a computer system. If the offender produces the material for his own use or intends to distribute it in non-electronic form, the Article 9 Convention on Cybercrime is not applicable. “Offering” covers acts of soliciting others to obtain child pornography. It is not necessary that such material is offered on a commercial basis but implies that the offender offering the material is capable of providing. “Making available” refers to an act that enables other users to obtain access to child pornography. This act can be committed by placing child pornography on websites or connecting to file sharing systems and enabling others to access such material on unblocked storage capacities or folders. “Distribution” covers the act of forwarding child pornography to others. “Transmitting” covers all communication by means of transmitted signals. “Procuring for oneself or for another” covers any act of actively obtaining child pornography. Possession is the control a person intentionally exercises towards child pornography. It requires that the offender has control which is not only the case with regard to local storage devices but also remote storage devices that he can access and control. Furthermore possession in general requires a mental element as stated in the definition above. “Obtaining access” covers any act of initiating the process of displaying information made available through information and communication technologies. This is for example the case if the offender enters the domain name of a known child pornography website and initiates the process of receiving the information from the first page which goes along with a necessary automated download process. This enables law enforcement agencies to prosecute offenders in cases where they are able to prove that the offender opened websites with child pornography but they are unable to prove that the offender downloaded material. Such difficulties in collecting evidence arise, for example if the offender is using encryption technology to protect downloaded files on his storage media. This provision is also applicable in cases where a consumption of child pornography can take place without download of material. This may be the case if the website enables streaming videos and, due to the technical configuration of the streaming process, does not buffer the received information but discards them right after transmitted information. The drafters decided to enable countries not to criminalize the conduct described in Section 13 (1) (d)-(f). 38 > Model Policy Guidelines & Legislative Text