EISIL Logo - Home An ASIL Product
Electronic Information System for International Law
HOMEABOUT EISILWHAT'S NEWSITE MAPHELP          s
Find: in: Recent Additions   Advanced Search  

Save Record? 

Primary Document  
Title: Convention on Cybercrime
Available From: http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm
http://www.iwar.org.uk/law/resources/eu/cybercrime-final.htm
http://www.worldlii.org/int/other/COETS/2001/8.html
Conclusion Date: 2001-11-23
Entry Into Force Date: 2004-01-07
Description: The Convention on Cybercrime recognizes the need for co-operation between states and private industry in combating cybercrime, and the need to protect legitimate interests in the use and development of information technologies. The Convention incriminates the four groups of cybercrimes: (1) offences against the confidentiality, integrity and availability of computer data and systems (i.e., illegal access, illegal interception, data interference, system interference, and misuse of devices); (2) computer-related offences (i.e., computer-related forgery and fraud); (3) content-related offences (i.e., child pornography); and (4) offences related to infringements of copyrights and related rights.
The Convention defines child pornography to include, inter alia, pornographic material that visually depicts "realistic images representing a minor engaged in sexually explicit conduct." (Art. 9.) The Convention requires the States Parties to criminalize aiding and abetting of the commission of any of the covered offences. The Convention also establishes the basis for the corporate liability of legal persons in case any of the covered offences is committed for its benefit by any natural person "who has a leading position within the legal person." (Art. 12.) The Convention introduces a "24/7 Network," requiring each State Party to designate a "point of contact" available on a twenty-four hours a day/seven days per week basis to ensure the provision of immediate assistance for the purpose of "investigations or proceedings concerning criminal offences related to computer systems and data." (Art. 35.)
(International Law In Brief, February 11, 2002)
Legal Citation: ETS 185
Amended By: Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems
EISIL Categories: Home > Communications & Transport > Communications & Information > Networks
Home > International Criminal Law > Cybercrime & Protection of Communication
Keywords: cybercrime
information technology
networks
Language(s): English
French
Document Creator: Council of Europe
treaty.office@coe.int
Site Administrator: Council of Europe
treaty.office@coe.int


ASIL Logo

Join UsJoin Us


SUGGEST SITE | REPORT A BROKEN LINK | CONTACT | ASIL



Join ASIL on:    Facebook     Twitter