Papua New Guinea Cybercrime Policy 2014
procedure
for
ensuring
the
alignment
of
both
the
judicial
and
statutory
interpretations
and
definitions.
As
far
as
possible,
technical
terms
should
be
defined,
technologically
neutral
as
much
as
possible,
and
harmonisation
of
the
application
may
be
facilitated
through
the
sharing
of
judicial
precedents.
b)
Development
of
Substantive
Criminal
Law
Legislation
should
contain
provisions
covering
the
most
common
and
internationally
accepted
forms
of
Cybercrime
as
well
as
those
offences
that
are
of
specific
interest
for
the
region
(such
as
SPAM).
It
should
be
compatible
with
international
standards
and
best
practices,
in
order
to
enable
and
sustain
cooperation
with
law
enforcement
agencies
regionally
as
well
as
on
an
international
basis.
•
It
should
provide
for
the
criminalization
of
the
intentional
and
illegal
accessing
of
an
electronic
system
as
well
as
the
intentional
illegal
remaining
in
the
said
system.
•
Intentional
and
illegal
access
to
electronic
data
(both
in
cases
where
the
offender
acts
with
and
without
intent
to
commit
or
facilitate
the
commission
of
an
offence)
as
well
as
the
intentional
and
illegal
interception
of
electronic
data
should
be
criminalized.
•
Legislation
should
provide
for
a
criminalization
of
intentional
and
illegal
data
interference,
data
espionage
as
well
as
the
illegal
obstruction
and
use
of
electronic
data.
•
Intentional
and
illegal
interference
with
electronic
systems
shall
be
criminalization.
•
Legislation
shall
contain
aggravated
sentences
where
one
of
above
mentioned
offences
interferes
with
critical
infrastructure.
•
The
intentional
and
illegal
production,
import,
export,
possession
of
tools
designed
to
commit
crimes
(illegal
devices)
as
well
as
illegal
receiving
or
giving
access
to
electronic
data
shall
be
criminalized.
•
The
legislation
shall
also
provide
for
the
criminalization
of
electronic-‐related
fraud,
electronic-‐related
forgery,
identity-‐related
crime,
SPAM
and
harassment
utilizing
means
of
electronic
communication.
•
In
order
to
safeguard
investigations
the
legislation
shall
criminalize
the
intentional
and
illegal
disclosure
of
details
of
an
investigation
(where
confidentiality
is
explicitly
stipulated)
and
the
failure
to
provide
assistance.
c)
Criminal
Procedural
Law
Legislation
should
contain
the
required
procedural
mechanism
to
ensure
an
effective
investigation
of
cybercrime.
However,
despite
the
fact
that
today
many
investigations
are
technically
feasible
the
procedural
rules
should
not
interfere
with
or
derogate
from
fundamental
human
rights.
Consequently,
a
balance
is
necessary
to
facilitate
the
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