Section III HIPCAR – Cybercrime/e-Crimes Section 18: Harassment utilizing means of electronic communication Due to its increasing relevance for Caribbean countries the drafters decided to include a provision criminalising harassment utilizing means of electronic communication. The criminalization requires that the offender initiated any electronic communication. An electronic communication is for example initiated if the offender is sending out an e-mail or a message in a chat. The provision further requires that the offender uses a computer system to support severe, repeated and hostile behaviour. Finally the provision requires that the offender is acting with a specific intent (intended to coerce, intimidate, harass, or cause substantial emotional stress). PART III Section 19: Jurisdiction This section outlines a series of criteria for establishing jurisdiction over the criminal offences enumerated in Sections 4-17. Section 19 a) is based upon the principle of territoriality. Territorial jurisdiction is triggered if both the person attacking a computer system and the victim system are located within the same territory or country. The principle will also apply if the computer system attacked is within its territory, even if the attacker is not. Section 19 b) contains variants of the principle of territoriality. These require each party to establish criminal jurisdiction over offences committed upon ships flying its flag or aircraft registered under its laws. Both principles are already part of principles of jurisdiction outside Cybercrime as ships and aircraft are frequently considered to be an extension of the territory of state. If the crime is committed on a ship or aircraft that is beyond the territory of the flag Party, there is in general no exercise of jurisdiction. Taking into account the increasing connection offered on board planes and ships the principle has the potential to become more relevant in the future. Section 19 c) is based upon the principle of nationality. The principle of nationality is most frequently applied by civil law countries. It defines jurisdiction if a national commits an offence abroad, the state is obliged to have the ability to prosecute it if the conduct is also an offence under the law of the state in which it was committed or the conduct has taken place outside the territorial jurisdiction of any State. PART IV Sections 20 – 27 The successful investigation of Cybercrime requires that law enforcement agencies have access to the appropriate instruments that are necessary to carry out an investigation. The identification of offenders as well as the protection of the integrity of computer data during an investigation contains several inherently unique challenges for law enforcement authorities. The purpose of Part 4 is to improve the national procedural instruments by defining common minimum standards based on best practices within the region as well as international standards. In this context the definition of standards will help national lawmakers to discover possible gaps in the domestic procedural law. Sections 20-27 only define minimum standards and therefore do not preclude the creation of more extensive criminalization on the national level. 40 > Model Policy Guidelines & Legislative Text