HIPCAR – Cybercrime/e-Crimes Section III: Explanatory Notes to Model Legislative Text on Cybercrime/e-Crimes INTRODUCTION 1. This legislative text provides a legal framework for the criminalisation of computer and network related offences. The principal aims of this model legislative text are to criminalize certain illegal content in line with regional and international best practices, provide the necessary specific procedural instruments for the investigation of such offences and define the liability of service provider. 2. These explanatory notes are prepared to explain the content of the model legislative text, and need to be read in conjunction with it. They explain the importance of the provisions and, where applicable, reflect the discussions within the HIPCAR20 Working Group21. They are not, and are not meant to be, a detailed description of this legislative text. So, where a Section or part of a Section does not seem to require any comprehensive clarification, comment or reference, or when there was no discussion concerning a particular provision, no detailed explanation is given. 3. The model legislative text (Act) consists of five parts: 20 21 • Part I provides definitions and sets the objective of the Act; • Part II provides a set of substantive criminal law provisions that criminalise certain offences; • Part III provides procedures to determine jurisdiction; • Part IV provides a set of procedural instruments necessary to investigate Cybercrime; • Part V defines limitations of the liability of Internet service providers. The full title of the HIPCAR project is “Enhancing Competitiveness in the Caribbean through the Harmonization of ICT Policies, Legislation and Regulatory Procedures”. This 3-year project was launched in September 2008, within the context of an umbrella project embracing the ACP countries funded by the European Union and the International Telecommunication Union. The project is implemented by the International Telecommunication Union (ITU) in collaboration with the Caribbean Community (CARICOM) Secretariat and the Caribbean Telecommunications Union (CTU). The members of the HIPCAR Working Groups include Ministry and Regulator representatives nominated by their national governments, relevant regional bodies and observers – such as operators and other interested stakeholders. The Terms of Reference for the Working Groups are available at: www.itu.int/ITUD/projects/ITU_EC_ACP/hipcar/docs/ToR%20HIPCAR%20WGs.pdf. The Second Consultation Workshop (Stage B) for HIPCAR Working Group 1 on ICT Legislative Framework – Information Society Issues related to Cybercrime was held in St. Kitts and Nevis, 19 – 22 July 2010. Participants reviewed, discussed and adopted the Draft Model Legislative Text on the respective area of work. Where ever the words “working group” or “drafters” appear in this document, it refers to the aforementioned Workshop. > Model Policy Guidelines & Legislative Text 29