international treaty that addresses child sexual abuse that occurs within the home or family.
As to computer content-related acts, the most frequently criminalized acts are those involving
child pornography and, to a lesser extent, dissemination of racist and xenophobic materials and
related threats and insults.80 Genocide, terrorism, pornography (including facilitating access of a
child to pornography), gambling, money laundering and illicit trafficking using electronic media
technologies have been very rarely criminalized as cybercrime to date.81
Addressing a very specific form of crime via a treaty may not, however, be advisable:
1 First, of course, countries are free to criminalize whatever conduct they see fit, whether or not
a treaty exists.
2 Second, since treaties are relatively inflexible, countries may wish to wait to see if a crime
trend persists and is serious or to discern how best to frame a criminal provision. Importantly,
many of the crimes above may be addressed by a non-cybercrime treaty (genocide,
terrorism, etc.) or by a cybercrime treaty or domestic statute in a different guise (acts against
privacy may be covered by illegal access; extortion may be covered by an ordinary criminal
statute; illicit use of electronic payment tools may be covered by misuse or possession of
access devices; etc.)
3 Finally, crimes that are defined more generally will often be easier to prosecute and prove
because they demand fewer specific elements.
International cooperation, essential for effective cybercrime prevention and prosecution, has been
largely supported by the international community. One such example is Operation Blue Amber,
which, in a series of international actions, tackled organized crime in various locations across the
world (see box 1.4, below).82
Having said as much, several individual countries have already criminalized many of the
aforementioned behaviors. On the other hand, ratification of treaties is frequently predicated on
“Reservations”, whereby ratifying countries decline to accept one or more of the treaty’s clauses,
or whereby the treaty’s implementation is subordinated to domestic law.83 Such reservations are
most typically used to assert that the treaty is limited to the state’s constitutional interpretation,
or for where the treaty will be made subject to domestic enabling legislation that places limits
on treaty applicability and enforcement. While the number of ratifications may give the mistaken
impression of widespread acceptance and enforcement, Reservations can effectively gut a treaty
of its most important provisions. It is for this reason that the Budapest Convention strictly limits the
Reservations that may be taken.84
Box 1.4: Operation Blue Amber
Police arrested 130 suspects in connection with cyberfraud, including fraudulent online
purchases of airline tickets using stolen credit card data at 140 airports around the world in
Page 38 | Chapter 1 | § C. Challenges to Fighting Cybercrime
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