2 \ Model Law on Computer and Computer Related Crime
Background
The initiative for the creation of the Model Law on Computer and Computer-Related
Crime came from Commonwealth Law Ministers at their meeting held 3-7 May 1999,
in Port of Spain, Trinidad and Tobago.
At that meeting, Law Ministers considered the impact of technology on various
aspects of the law and highlighted the issue of computer crime for further
consideration. Ministers asked that an expert group be convened to consider
the content of a model law on the basis of work then under way on the Council of
Europe draft Convention on Cybercrime. Topics that were specifically mentioned
for consideration included criminalisation of various forms of computer abuse,
admissibility of computer evidence, and investigation of computer-related crime.
An Expert Group prepared the first draft of the Model Law which was considered
by Senior Officials in 2001. That draft took into account a late draft of what was to
become the Council of Europe Budapest Convention on Cybercrime.
Senior Officials decided that the Expert Group should be reconvened in order to
review the draft Model Law in light of developments since the original meeting of the
Group, including changes made to the final Council of Europe Budapest Convention
on Cybercrime.
The Expert Group reconvened in March 2002 and prepared a final draft of the Model
Law. The final draft was submitted to Commonwealth Law Ministers at their meeting
of 18-21 November 2002, held in Kingstown, St Vincent and the Grenadines.
Law Ministers commended the Model Law for use by those Commonwealth member
countries seeking assistance in the development of an appropriate legislative
framework. Law Ministers also mandated Senior Officials to keep the Model Law on
Computer and Computer-Related Crime under review, to ensure that the law is kept
up to date with regard to emerging technology and investigative techniques. As of
July 2017, the Model Law is under consideration for review.