(c) The development of model provisions on jurisdiction, in order to provide for common effective
bases for jurisdiction in cybercrime criminal matters:
(i)
The provisions could include bases such as those derived from the objective territoriality
principle and the substantial effects doctrine.
(ii) The provisions could include guidance for addressing issues of concurrent jurisdiction.
(d) The development of model provisions on international cooperation regarding electronic
evidence, for inclusion in bilateral or multilateral instruments, including a revised United Nations
Model Treaty on Mutual Legal Assistance, in line with suggestions in the Discussion Guide for the
Thirteenth Congress on Crime Prevention and Criminal Justice:
(i)
The provisions would focus on practical cooperation mechanisms that could be inserted in
existing instruments for the timely preservation and supply of electronic evidence in
criminal matters;
(ii) The provisions could include obligations to establish electronic evidence fast response focal
points and agreed timescales for responses;
(e) The development of a multilateral instrument on international cooperation regarding electronic
evidence in criminal matters, with a view to providing an international mechanism for timely
cooperation to preserve and obtain electronic evidence:
(i)
By way of complementarity to existing international cooperation treaties, such an
instrument could focus primarily on a mechanism for requesting expedited preservation of
data for a specified time period;
(ii) The instrument may also include specific cooperation provisions for further investigative
measures, including supply of stored data, and real-time collection of data;
(iii) The scope of application would need to be defined, but should not be limited to
‘cybercrime’ or ‘computer-related’ crime;
(iv) The instrument could require response within a specified time period and establish clear
focal point to focal point communication channels, building upon rather than duplicating
existing 24/7 initiatives;
(v) The instrument could include traditional international cooperation safeguards, as well as
appropriate human rights exclusions;
(f) The development of a comprehensive multilateral instrument on cybercrime, with a view to
establishing an international approach in the areas of criminalization, procedural powers,
jurisdiction, and international cooperation:
(i)
The instrument could include elements from all of the options above in a binding,
multilateral form;
(ii) The instrument could draw on existing core commonalities across the current range of
binding and non-binding international and regional instruments;
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