CHAPTER ONE: CONNECTIVITY AND CYBERCRIME system; and (ii) terminology based on ‘information’ data or system.73 Analysis of the elements of the definitions, however, suggests that the terms might be considered as largely interchangeable. The figure shows common elements from these definitions. While nomenclature varies, a number of core concepts are consistent. Computer/information system •Device [or interconnected devices] which [pursuant to a computer/information program] perform(s) [[automatic] processing of computer data/information] [logical/arithmetic/storage functions] [including computer data/information stored/processed/retrieved/transmitted by the computer/information system] [including any communications facility or equipment] [including the internet] Computer/information program •Instructions [in machine readable form] that [enable a computer/information system to [process computer data/information] [perform a function/operation]] [can be executed by a computer/information system] Computer data/information •Representation of facts/information/concepts [in a machine readable form] [suitable for processing by a computer/information program [or a computer/information system]] [including a computer/information program] The core feature of legal descriptions of ‘computer’, ‘computer system’ or ‘information system’, for example, is that the device must be ‘capable of processing computer data or information.’74 Some approaches specify that the processing must be ‘automatic,’ or ‘high speed,’ or ‘pursuant to a program.’75 Some approaches extend the definition to devices that store or transmit and receive computer data or information.76 Others include within the definition the computer data that is processed by the system.77 Where the term ‘computer system’ or ‘information system’ excludes data stored in the system or in other storage devices, these are often handled separately in the substantive legal provisions of the instrument.78 While some instruments define both ‘computer’ and ‘computer system,’ the latter normally includes the former, and the context of the use of both terms in the instrument suggests that no meaningful difference arises in practice.79 Other instruments define both ‘computer network’ and ‘computer system.’80 Again, it is possible that the latter includes the former, and there does not appear to be a distinguishable difference in use within the instrument itself. International and regional cybercrime legal instruments are predominantly ‘technology- 73 74 75 76 77 78 79 80 The Council of Europe Cybercrime Convention and the Commonwealth Model Law make use of the terms ‘computer system’ and ‘computer data.’ The Draft African Union Convention uses ‘computer system’ and ‘computerized data.’ The EU Decision on Attacks against Information Systems makes use of ‘information system’ and ‘computer data.’ The League of Arab States Convention makes use of ‘information system’ and ‘data’, and the Commonwealth of Independent States Agreement uses ‘computer information.’ See, for example, Council of Europe Cybercrime Convention, Art. 1. See, for example, COMESA Draft Model Bill, Art.1 and ITU/CARICOM/CTU Model Legislative Texts, Art. 3. Draft African Union Convention, Part III, Section 1, Art. III-1(6). EU Decision on Attacks against Information Systems, Art. 1(a). See, for example, Council of Europe Cybercrime Convention, Art. 19, procedural power for competent authorities to search or similarly access (a) a computer system or part of it and computer data stored therein; and (b) a computer-data storage medium in which computer data may be stored. COMESA Draft Model Bill, Part 1, Art. 1(b) and (e). League of Arab States Convention, Art. 2(5) and (6). 13