A/AC.291/L.15 Article 9. Interference with electronic data 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the damaging, deletion, deterioration, alteration or suppression of electronic data. [agreed in informals] 2. A State Party may require that the conduct described in paragraph 1 of this article result in serious harm. [agreed ad referendum] Article 10. Interference with an information and communications technology system [agreed ad referendum] Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the serious hindering of the functioning of an information and communications technology system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing electronic data. Article 11. Misuse of devices [agreed ad referendum] 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right: (a) The obtaining, production, sale, procurement for use, import, distribution or otherwise making available of: (i) A device, including a program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with articles 7 to 10 of this Convention; or (ii) A password, access credentials, electronic signature or similar data by which the whole or any part of an information and communications technology system is capable of being accessed; with the intent that the device, including a program, or the password, access credentials, electronic signature or similar data be used for the purpose of committing any of the offences established in accordance with articles 7 to 10 of this Convention; and (b) The possession of an item referred to in paragraph 1 (a) (i) or (ii) of this article, with intent that it be used for the purpose of committing any of the offences established in accordance with articles 7 to 10 of this Convention. 2. This article shall not be interpreted as imposing criminal liability where the obtaining, production, sale, procurement for use, import, distribution or otherwise making available, or the possession referred to in paragraph 1 of this article is not for the purpose of committing an offence established in accordance with articles 7 to 10 of this Convention, such as for the authorized testing or protection of an information and communications technology system. 3. Each State Party may reserve the right not to apply paragraph 1 of this article, provided that the reservation does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 (a) (ii) of this article. Article 12. Information and communications technology system-related forgery 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the input, alteration, deletion or suppression of electronic data resulting in inauthentic data with the intent that they be considered or acted upon for legal purposes as if they were authentic, regardless of whether or not the data are directly readable and intelligible. [ agreed ad referendum] 6/41 V.24-14137