Section II HIPCAR – Cybercrime/e-Crimes e. Possesses child pornography in a computer system or on a computerdata storage medium; or f. knowingly obtains access, through information and communication technologies, to child pornography, commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. (2) It is a defense to a charge of an offence under paragraph (1) (b) to (1)(f) if the person establishes that the child pornography was a bona fide law enforcement purpose. (3) A country may not criminalize the conduct described in section 13 (1) (d)(f). Identityrelated Crimes 14. A person who, intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification by using a computer system in any stage of the offence, intentionally transfers, possesses, or uses, without lawful excuse or justification, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a crime, commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. SPAM 15. (1) A person who, intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification: a. initiates the transmission of multiple electronic mail messages from or through such computer system; or b. uses a protected computer system to relay or retransmit multiple electronic mail messages, with the intent to deceive or mislead users, or any electronic mail or Internet service provider, as to the origin of such messages, or c. materially falsifies header information in multiple electronic mail messages and intentionally initiates the transmission of such messages, commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. (2) A country may restrict the criminalization with regard to the transmission of multiple electronic messages within customer or business relationships. A country may decide not to criminalize the conduct in section 15 (1) (a) provided that other effective remedies are available. Disclosure of Details of an Investigation 16. An Internet service provider who receives an order related to a criminal investigation that explicitly stipulates that confidentiality is to be maintained or such obligation is stated by law and intentionally without lawful excuse or justification or in excess of a lawful excuse or justification discloses: a. the fact that an order has been made; or b. anything done under the order; or c. any data collected or recorded under the order; commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. 22 > Model Policy Guidelines & Legislative Text