KEY FINDINGS AND OPTIONS
Some countries recommended that accession to the Council of Europe Cybercrime
Convention would promote international cooperation and harmonization of national cybercrime
laws. Some countries recommended that a new international legal instrument on cybercrime should
be developed. Other countries recommended that harmonization of legislation could be promoted
through the development of international model legal provisions at the United Nations level.
A number of countries recommended that international standards should be developed on
law enforcement investigations concerning extraterritorial data, including with a view to clarifying
the relationship of such investigations with national sovereignty principles.
A number of countries suggested that technical assistance for law enforcement, prosecutorial
and judicial authorities in the area of preventing and combating cybercrime should be strengthened.
On the basis of proposals made by Member States and the key findings, the Study finds that options
to strengthen existing and to propose new national and international legal or other responses to
cybercrime may include one or more of the following:
(a) The development of international model provisions on criminalization of core cybercrime acts,
with a view to supporting States in eliminating safe havens through the adoption of common
offence elements:
(i)
The provisions could maintain the approach of existing instruments regarding offences
against the confidentiality, integrity and accessibility of computer systems and data;
(ii) The provisions could also cover ‘conventional’ offences perpetrated or facilitated by use of
computer systems, only where existing criminalization approaches are perceived not to be
sufficient;
(iii) The provisions could address areas not covered by existing instruments, such as
criminalization of SPAM;
(iv) The provisions could be developed in line with the latest international human rights
standards on criminalization, including in particular, treaty-based protections of the right to
freedom of expression;
(v) Use of the provisions by States would minimize dual criminality challenges in international
cooperation;
(b) The development of international model provisions on investigative powers for electronic
evidence, with a view to supporting States in ensuring the necessary procedural tools for
investigation of crimes involving electronic evidence:
(i)
The provisions could draw on the approach of existing instruments, including orders for
expedited preservation of data, and orders for obtaining stored and real-time data;
(ii) The provisions could offer guidance on the extension of traditional powers such as search
and seizure to electronic evidence;
(iii) The provisions could offer guidance on the application of appropriate safeguards for
intrusive investigative techniques based on international human rights law, including treatybased protections of the right to privacy;
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