(d)
Analysis of available national legal frameworks indicates insufficient harmonization of ‘core’
cybercrime offences, investigative powers, and admissibility of electronic evidence.
International human rights law represents an important external reference point for
criminalization and procedural provisions;
(e)
Law enforcement authorities, prosecutors, and judiciary in developing countries, require longterm, sustainable, comprehensive technical support and assistance for the investigation and
combating of cybercrime;
(f)
Cybercrime prevention activities in all countries require strengthening, through a holistic
approach involving further awareness raising, public-private partnerships, and the integration
of cybercrime strategies with a broader cybersecurity perspective.
Options to strengthen existing and to propose new national and
international legal or other responses to cybercrime
Options to strengthen existing and to propose new national and international legal or other
responses to cybercrime include:
Development of international model provisions
Development of a multilateral instrument on international cooperation regarding
electronic evidence in criminal matters
Development of a comprehensive multilateral instrument on cybercrime
Delivery of enhanced technical assistance for the prevention and combating of
cybercrime in developing countries
The options presented are informed by responses of countries to a question in the Study
questionnaire regarding options that should be considered to strengthen existing and to propose
new national and international legal or other responses to cybercrime, as well as by the key findings.
In response to this question, countries proposed a range of possibilities. The majority of
options suggested related to areas such as: harmonization of laws; accession to existing international
or regional cybercrime instruments; the development of new international legal instruments;
strengthening mechanisms for international cooperation and obtaining of extraterritorial evidence in
practice; and capacity building for law enforcement and criminal justice institutions.1
Many countries highlighted that an expedited mechanism for international cooperation
procedures in criminal matters involving cybercrime should be developed. Some countries proposed
that this could be through the strengthening of existing informal police-to-police networks. Other
countries proposed that this could be achieved by further development of existing formal
international cooperation channels, including bilateral and multilateral agreements. Some countries
emphasized that all options should be implemented in line with international human rights
standards, including rights to freedom of expression and to privacy.
1
Study cybercrime questionnaire. Q11.
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