Section III HIPCAR – Cybercrime/e-Crimes COMMENTARY ON SECTIONS PART I Section 1. Definitions (1) Access Provider The drafters of the legislative text decided to limit the responsibility of certain Internet Service Providers if their ability to prevent users from committing crimes is limited. It was therefore necessary to differentiate between the different types of provider. Sec. 3 (1) underlines that the term “access provider” can be both a legal person as well as a natural person. In light of this, even the operator of a private network can therefore be considered an access provider. (2) Caching Provider Caching of content is a widely used technique to enhance the speed of access to popular information. It especially covers the storage of popular websites by service providers on local storage media in order to reduce the bandwidth and make access to data more efficient. This can for example be undertaken by setting up proxy servers. The process of copying data only leads to a qualification as caching provider if the provider configures its systems in a way that the storage process is undertaken automatically, intermediately and temporarily for the sole purpose of enhancing the efficiency of onward transmission. Manual storage as well as long-term storage are therefore not covered. (3) Child The term child was defined in accordance with Article 1 of the UN Convention of the Rights of the Child. Details of the determination of age, for example the question of the appearance can be used in cases where information about the real age of the child cannot be obtained, are left to the national lawmakers to determine in accordance with the requirements of their domestic laws. Definition (7) in this respect contains certain guidance with regard to child pornography. (4) Child Pornography The definition of child pornography was intensively discussed by the drafters of the legislative text. While there was a wide agreement that child pornography should cover the documentation of a real abuse, the drafters decided to leave it to the national law-maker to determine if whether they also want to cover persons only appearing to be a child or images representing a minor. In this context the drafters took into account that in contemporary circumstances realistic images can be easily created by using sophisticated computer technology and that such pictures can be used to encourage or seduce children to participate in such acts. With regard to the fact that child pornography is not only distributed as pictures and video the drafters decided to choose language that enables the coverage of audio, visual or text material. (5) Computer System Computer system and information system are both terms used to describe data processing devices that in general combine hardware and software. Computer systems therefore include input, output, and storage facilities as long as they contain data processing components. The drafters of the legislative text decided to extent the definition to also include the Internet. 30 > Model Policy Guidelines & Legislative Text