Introduction \ 1
Introduction
Cybercrime at all levels of sophistication poses unprecedented challenges in
terms of legislation, law enforcement, and policy-making. ‘Cybercrime’ is not a
defined legal category, but includes: (a) offences aimed at computers, computer
or communications systems, their users or the data they contain; and (b) more
traditional offences committed using these systems, especially if technologies have
significant effects on how the crime is committed or investigated.
Procedural laws must also deal with the issues raised when digital material is relied
upon in court, whatever the nature of the offence. International co-operation is
facilitated by common approaches to criminalisation and any cybercrime-specific
investigative or procedural rules.
Cybercrime does not respect national boundaries. That creates challenges for the
public sector, in terms of legislation and investigative and prosecutorial capacity
and reach, and for the private sector, which must address technical vulnerabilities
in the systems it designs and operates which sometime straddle many national
jurisdictions. The internet brings criminals together to share information on how to
commit crimes and how to avoid detection, adding a new dimension to organised
crime. Increasingly, successful attacks are founded on knowledge, co-operation and
deals created and shared between networks of individuals and groups. Offenders
seek out and exploit any weak links or vulnerable locations.
Fast communications mean that offences can be committed very quickly, and that
digital evidence of them can be erased equally quickly. Even with the best possible
legal measures, the speed of offending is a major challenge for investigators, and
the practical implications of this include the need for a high degree of skill, high
quality equipment and extensive training. The complexity and speed of evolution
of cybercrime makes it essential that expertise in policy, law, law enforcement,
prosecution and prevention not only be developed but also monitored, maintained
and updated frequently. To do this efficiently it is important that all countries
co-operate effectively, both within the Commonwealth and globally.
This Model Law on Computer and Computer-Related Crime aims to support
Commonwealth countries in putting a place a legal framework for criminalisation and
investigation of computer and computer-related crimes.
The Model Law is closely related to the Model Law on Electronic Evidence, as well
as the Model Law on Electronic Transactions.
The Model Law is also closely related to amendments to the Harare Scheme
relating to Mutual Legal Assistance in Criminal Matters within the Commonwealth,
approved by Law Ministers in 2011. Those amendments include new provisions
as to the interception of telecommunications and postal items; covert electronic
surveillance; the use of live video links in the course of investigations and judicial
procedures; and asset recovery.