G. Council of Europe Founded in 1949, and with forty-seven Member States and six Observer States,100 the CoE has the purpose of “achieving a greater unity between its members for the purpose of safeguarding and realizing the ideals and principles which are their common heritage and of facilitating their economic and social progress”.101 With a focus on promoting human rights, democracy, rule of law, economic development and integration of certain regulatory functions in Europe,102 the Council has developed a diversity of treaties and explanatory reports.103 Most notable for the purposes at hand is the CoE’s Convention on Cybercrime, commonly known as the “Budapest Convention”.104 The first global instrument on cybercrime, the Convention’s main objective is to pursue a common criminal policy aimed at the protection of society against cybercrime, especially through the adoption of appropriate legislation and by fostering international cooperation.105 Focusing on infringements of copyright, computer-related fraud, child pornography and violations of network security,106 the Convention operates on the aspiration of legal harmonization and, accordingly, seeks and sets the highest international level of agreement. The Convention details powers and procedures, such as for searching computer networks and lawful interception to that effect, all to address both the crimes listed in the Convention and any other crimes entailing e-evidence. The Budapest Convention proposes the most nuanced categorization of cybercrime all major instruments, dividing cybercrime into four different types of criminal behavior: 1  Offenses against the confidentiality, integrity, and availability of computer data and system107; 2  Computer-related offenses108; 3  Computer content-related offenses (defined as child pornography)109; and 4  Computer-related offenses involving infringements of copyright and related rights.110 The Convention also allows for ancillary liability and sanctions for inchoate offenses (attempt, and aiding or abetting)111 and for corporate liability.112 Conclusion: The Toolkit’s Working Definition of “Cybercrime” A precise definition of “cybercrime” does not exist. Broadly speaking, cybercrime is understood as a “computer-related crime” and need not necessarily target a computer or ICT device.113 A “typology” approach of acts constituting cybercrime has been used by a number of institutions and agreements, including in the AU Convention,114 the ECOWAS Directive115 and COMSEC’s 2014 report to Commonwealth Law Ministers.116 Page 76 | Chapter 2 | § A. Working Definition of Cybercrime Table of Contents