Section II HIPCAR – Cybercrime/e-Crimes PART I – PRELIMINARY Short Title 1. This legislation may be cited as the Computer Crime and Cybercrime Act, and shall come into force and effect [on xxx/ following publication in the Gazette]. Objective 2. The objective of a computer crime and Cybercrime legislation in [insert name of country] shall be the prevention and investigation of computer and network related crime. Definitions 3. (1) Access provider means any natural or legal person providing an electronic data transmission service by transmitting information provided by or to a user of the service in a communication network or providing access to a communication network. (2) Caching provider means any natural or legal person providing an electronic data transmission service by automatic, intermediate and temporary storing information, performed for the sole purpose of making more efficient the information's onward transmission to other users of the service upon their request. (3) Child shall mean any person under the age of eighteen (18) years. (4) Child pornography means pornographic material that depicts presents or represents: a. a child engaged in sexually explicit conduct; b. a person appearing to be a child engaged in sexually explicit conduct; or c. images representing a child engaged in sexually explicit conduct; this includes, but is not limited to, any audio, visual or text pornographic material. A country may restrict the criminalisation by not implementing (b) and (c). (5) Computer system (or information system) means a device or a group of inter-connected or related devices, including the Internet, one or more of which, pursuant to a program, performs automatic processing of data or any other function. (6) Computer data means any representation of facts, concepts, information (being either texts, sounds or images) machine-readable code or instructions, in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function. (7) Computer data storage medium means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. (8) Critical infrastructure means computer systems, devices, networks, computer programs, computer data, so vital to the country that the incapacity or destruction of or interference with such systems and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters. (9) Device includes but is not limited to a. components of computer systems such as graphic cards, memory, chips; b. storage components such as hard drives, memory cards, compact discs, tapes; > Model Policy Guidelines & Legislative Text 17