AUSTRALIA’S INTERNATIONAL CYBER ENGAGEMENT STRATEGY Assist Indo‑Pacific countries to strengthen their cybercrime legislation Raising public awareness will not prevent all cybercrime. Another effective way to respond to cybercrime is through a combination of stronger domestic legislative frameworks within countries and greater harmonisation of cybercrime legislation between countries. Australia is committed to working with partners in the region to help strengthen their legal frameworks to address cybercrime. Robust cybercrime legal frameworks increase the risk of prosecution for would-be cybercriminals. Strengthening cybercrime legislation raises the cost of ‘business’ for cybercriminals and is an important way of preventing cybercrime safe havens in our region. Similarly, Australia advocates for the harmonisation of legal frameworks – that is, having similar conduct criminalised in all jurisdictions – to facilitate international cooperation on cybercrime. This ensures that criminals cannot evade justice by simply crossing borders. THE BUDAPEST CONVENTION Australia has been a party to the Council of Europe Convention on Cybercrime (the Budapest Convention) since 2013. It is a valuable mechanism to strengthen international cooperation on cybercrime, particularly through its provisions on mutual legal assistance. Countries are able to work together more effectively on trans-border investigations and prosecutions when domestic legal and law enforcement operational frameworks are harmonised in line with the provisions of the Budapest Convention. Reciprocal arrangements such as mutual legal assistance and intelligence sharing continue to be a critical mechanism for combatting cybercrime. Australia is keen to work with other countries to streamline these processes. Australia works with countries in the region interested in acceding to the Budapest Convention by helping them achieve the required legislative reform. For example, substantial support from 36 the Attorney-General’s Department contributed to Tonga’s recent accession to the Convention (see Supporting Stronger Cyber Crime Legislation in Tonga, page 37). Australia will actively participate in the development of an Additional Protocol to the Budapest Convention on trans-border access to information. The Protocol will further articulate cooperation requirements between jurisdictions on providing access to electronic information, within appropriate conditions and safeguards. This will facilitate more effective mutual legal assistance through direct cooperation with service providers and between judicial authorities, joint investigation frameworks, and development of emergency assistance procedures. Australia is a member of the Drafting Group for the establishment of the Additional Protocol.

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