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.

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