Many donors require that a policy be in place before approving technical assistance and undertaking capacity-building programs. That said, a program might be structured such that the development of a strategy on cybercrime is a central objective. For instance, CoE considers an official request for accession to the Budapest Convention to represent the government’s commitment that in turn justifies capacity-building activities that would support the treaty’s full implementation.10 B. Developing Cybercrime-specific Legislation While cybercrime policies create the overall story, a central element to fighting any criminal activity must be based in the law. As such, criminal justice measures targeting cybercrime and e-evidence must be enshrined in the law. Also, while the responsibility for creating such legislation lies with public representatives and authorities, they should be supported by other stakeholders, public and private, in the appropriate tailoring, targeting and wording of any such legislation. Such legislation is a central part to furthering interoperability (see section 3 A, below). Domestic cybercrime legislation would address the following areas:11 1  Substantive law measures. The central plank and basis of the law is the development of, on the one hand, what substantive legal rights and responsibilities surround a matter, and, on the other hand, what actions are disallowed. Substantive legal matters govern society’s behavior, and include, for instance, not only what actions and activities are disallowed, but also what is the requisite mental state, or mens rea, a perpetrator must have in order to be found culpable (see section 1 C, above). While much of criminal law differentiates between “general” intent (that is, the aim to commit a prohibited act) and “specific” intent (that is, the aim to commit both a prohibited act and aim to cause a particular effect resulting from that act),12 cybercrime generally does not, requiring general intent alone.13 2  Procedural law tools. Having laid out prescribed and prohibited behaviors, the law must carefully discuss and delineate the associate procedural aspects, which include the procedures for investigating crime and enforcing the substantive law. Procedural tools also largely govern what powers lie with the authorities. 3  Safeguards. Due to the increased pervasiveness of the cyberactivity in all areas of the physical world, attempts to regulate a person’s comportment in cyberspace must be careful not to become excessively expansive and infringe on other rights. As such, any law combatting cybercrime must pay careful attention establishing appropriate safeguards and the conditions under and by which investigative powers might be exercised. 4 I nternational cooperation. The developed legislation must not only be inward or domesticlooking, but should also include provisions for international cooperation. To this end, international conventions, notably the Budapest Convention, offer both substantial guidance and structure.14 Page 49 | Chapter 1 | § D. Framework for a Capacity-building Program Table of Contents