Cybersecurity guide for developing countries
–
–
•
when committed intentionally, the damaging, deletion, deterioration, alteration or
suppression of computer data without right;
•
when committed intentionally, the serious hindering without right of the functioning of a
system;
•
the production, sale, procurement for use, import, distribution or otherwise making
available of a device designed or adapted for the purpose of committing any of those
offences;
•
when committed intentionally and without right, the input, alteration, deletion, or
suppression of computer data, resulting in inauthentic data with the intent that it be
considered or acted upon for legal purposes as if it were authentic;
•
when committed intentionally and without right, the causing of a loss of property to
another person by any input, alteration, deletion or suppression of computer data, or any
interference with the functioning of a computer system, with fraudulent or dishonest intent
of procuring, without right, an economic benefit for oneself or for another person;
•
establish as criminal offences the aiding or abetting of any of those offences, and any
attempt to commit any of those offences.
Each of the signatories has to establish jurisdiction over any offence committed:
•
in its territory;
•
on board a ship flying the flag of that country;
•
by one of its nationals, if the offence is punishable under criminal law where it was
committed or if the offence is committed outside the territorial jurisdiction of any State.
Rules on international cooperation relating to:
•
extradition;
•
mutual assistance for purposes of investigation;
•
procedures for criminal acts related to computer systems and data;
•
collection of electronic evidence of a criminal act.
–
Creation of a mutual assistance network
•
available on a 24/7 basis;
•
with a national point of contact;
•
with immediate assistance with offences.
The political will to deal with cybercrime exists at the international level. The problem is not always
the absence of laws or guidelines, such as those promulgated by the Organisation for Economic Cooperation and Development (OECD) with its “OECD Guidelines for the Security of Information
Systems and Networks – Towards a Culture of Security – 200211” (Figure I.7). Rather, it is the
difficulty and complexity of the task, and the resources necessary to meet the objectives of the struggle
to combat not only cybercrime but also organized crime, that result in the internet being exploited for
malicious purposes.
11 www.oecd.org/dataoecd/16/22/15582260.pdf – See Annex F to this Guide.
20
Cybersecurity