highlighted for further consideration was computer crime. Ministers asked that an expert group be convened to consider the content of a model law on the basis of the work (then under way) of the Council of Europe on the Draft Convention on Cyber Crime. Topics that were specifically mentioned for consideration included criminalisation of various forms of computer abuse, admissibility of computer evidence, and investigation of computer-related crime. 2.13 An Expert Group duly prepared a draft Model Law which was considered by Senior Officials in 2001; it took into account a late draft of what was to become the Budapest Convention. Senior Officials decided that the Expert Group should be reconvened to review the draft model law in light of recent developments, in particular the changes made to the text of the Budapest Convention, since the original meeting of the group18. With a number of very limited exceptions, principally the omission of forgery, fraud and intellectual property offences from the listed offences, the Model Law is wholly compatible with the Budapest Convention, as indeed was the intention of the Expert Group. However mutual assistance provisions are not in the Model Law, as the Expert Group recommended revisions and additions to the Harare Scheme to deal specifically with cybercrime issues. This led in due course to the preparation of a revised Harare Scheme which was adopted by Law Ministers in 2011. Contents of the Model Law 2.14 The Model Law is in three Parts. Part I contains in section 3 the important definitions of ‘computer data’, ‘computer system’, ‘service provider’ and ‘traffic data’ (in terms virtually identical to those in article 1 of the Convention) together with an additional definition of ‘computer data storage medium’ (a term not defined in the Convention but used in a number of its provisions). Section 4 of the Model Law deals with the jurisdiction of the enacting state in terms very similar to those of article 22 of the Convention. 2.15 Part II of the Model Law (sections 5-10) is concerned with substantive criminal law and the creation of offences. The offences relate to illegal access, interfering with data, interfering with a computer system, the illegal interception of data, illegal devices and child pornography using a computer system or a computer data storage medium. The provisions in the Model Law correspond to those in articles 2 to 6 and article 9 of the Convention. As already noted, the Model Law does not cover computer-related forgery or fraud (the subject of articles 7 and 8 of the Convention); the criminal law of most if not all Commonwealth member states would in any event criminalise such conduct. 2.16 Part III of the Model Law (sections 11 to 21) deals with ‘procedural law’. It contains provisions as to search and seizure warrants, the obligation to assist the police, recording and access to seized data, the production of data, the disclosure of stored traffic data, the preservation of data, the interception of electronic communications and the interception of traffic data, with provisions as to evidence, confidentiality and the limitation of liability together with the necessary definitions. Although the presentation of the material in the Model Law differs from that in the Convention, Part III of the Model Law corresponds in substance to the procedural law provisions in articles 16 to 21 of the Convention. The Harare Scheme 2.17 In addition to the Model Law, the Commonwealth has the Harare Scheme. The latest revision of the Scheme was a lengthy process, involving an Expert Working Group meeting 18 For details of the process, see LMM(02)17. 28

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