 What is the Budapest
Convention?
 What impact?
 What benefits for Africa?
CTO Cyber Security Forum 2013
Yaoundé, Camer...
About the Budapest Convention
Opened for signature November 2001 in Budapest
Followed by Cybercrime Convention Committee (...
About States participating in Budapest Convention
Ratified/acceded: 39
 35 European
 Australia
 Dominican Republic
 Ja...
About joining the Budapest Convention
Phase 1:
 If a country has legislation
in place or advanced stage:
Letter from Gove...
States that could seek accession
Ratified/acceded: 39
Signed: 11
Invited to accede: 8
= 58
Other States with laws/draft la...
States using Budapest Convention
Ratified/acceded: 39
Signed: 11
Invited to accede: 8
= 58
Other States with laws/draft la...
About the scope of Budapest Convention
Criminalising
conduct
 Illegal access
 Illegal interception
 Data interference
...
Functioning of the Budapest Convention
Cybercrime
Prevention and
Criminal Justice
to protect you and
your rights in
cybers...
Budapest Convention as a guideline
www.coe.int/cybercrime
 Use as “checklist”
 Compare articles
Articles of the
Conventi...
Budapest Convention as a guideline
www.coe.int/cybercrime
Article Budapest Convention Law of Cameroon
Art. 1 Definitions A...
Budapest Convention as a guideline
www.coe.int/cybercrime
Example: Loi relative à la cyber sécurité et à la
cybercriminali...
Budapest Convention as a guideline
www.coe.int/cybercrime
Example: Loi relative à la cyber sécurité et à la
cybercriminali...
Protecting children: criminal law benchmarks
Budapest Convention
 Substantive criminal law
 Article 9 Child pornograpy
...
Capacity building: Technical cooperation programmes
Focus on:
 Cybercrime strategies
 Legislation and safeguards
 Cyber...
Effectiveness/Impact of the Budapest Convention
 Stronger and more harmonised legislation
 More efficient international ...
Benefits for Africa
Benefits
 Trusted and efficient cooperation with other Parties
 Participation in the Cybercrime Conv...
Contact for follow up
www.coe.int/cybercrime
Alexander.seger@coe.int
Secretary of the Cybercrime
Convention Committee (T-C...
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CTO Cybersecurity Forum 2013 Alexander Seger Budapest Convention on Cybercrime

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Supporting the global efforts in strengthening the safety, security and resilience of Cyberspace, the Commonwealth Cybersecurity Forum 2013, organised by the Commonwealth Telecommunications Organisation. The ceremonial opening examined how Cyberspace could be governed and utilised in a manner to foster freedom and entrepreneurship, while protecting individuals, property and the state, leading to socio-economic development. Speakers of this session, Mr Mario Maniewicz, Chief, Department of Infrastructure, Enabling Environment and E-Applications, ITU; Mr David Pollington, Director, International Security Relations, Microsoft; Mr Alexander Seger, Secretary, Cybercrime Convention Committee, Council of Europe; Mr Nigel Hickson, Vice President, Europe, ICANN and Mr Pierre Dandjinou, Vice President, Africa, ICANN, added their perspectives on various approaches to Cybergovernance, with general agreement on the role Cyberspace could play to facilitate development equitably and fairly across the world.

Hosted by the Ministry of Posts and Telecommunications of Cameroon together with the Telecommunications Regulatory Board of Cameroon and backed by partners and industry supporters including ICANN, Council of Europe, Microsoft, MTN Cameroon, AFRINIC and Internet Watch Foundation, the Commonwealth Cybersecurity Forum 2013 seeks to broaden stakeholder dialogue to facilitate practical action in Cybergovernance and Cybersecurity, some of which will be reflected in the CTO’s own work programmes under its Cybersecurity agenda.

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CTO Cybersecurity Forum 2013 Alexander Seger Budapest Convention on Cybercrime

  1. 1.  What is the Budapest Convention?  What impact?  What benefits for Africa? CTO Cyber Security Forum 2013 Yaoundé, Cameroon, 25 April 2013 Workshop on the Budapest Convention on Cybercrime www.coe.int/cybercrimealexander.seger@coe.int
  2. 2. About the Budapest Convention Opened for signature November 2001 in Budapest Followed by Cybercrime Convention Committee (T-CY) = Committee of the Parties As at December 2012:  39 parties (35 European, Australia, Dominican Republic, Japan and USA)  11 signatories (European, Canada, South Africa)  8 states invited to accede (Argentina, Chile, Costa Rica, Dominican Republic, Mexico, Panama, Philippines, Senegal) = 58 states are parties/are committed to become parties  Additional invitations to accede are in process  Many more have used Budapest Convention as a guideline for domestic legislation
  3. 3. About States participating in Budapest Convention Ratified/acceded: 39  35 European  Australia  Dominican Republic  Japan  USA Signed: 11  9 European  Canada  South Africa Invited to accede: 8  Argentina  Chile  Costa Rica  Mexico  Morocco  Panama  Philippines  Senegal 58
  4. 4. About joining the Budapest Convention Phase 1:  If a country has legislation in place or advanced stage: Letter from Government to CoE expressing interest in accession  Consultations (CoE/Parties) in view of decision to invite  Invitation to accede Phase 2:  Domestic procedure (e.g. decision by national Parliament)  Deposit the instrument of accession at the Council of Europe Treaty open for accession by any State (article 37)  Acceded: Australia, Dominican Republic  Invited: Argentina, Chile, Costa Rica, Mexico, Panama, Philippines, Senegal
  5. 5. States that could seek accession Ratified/acceded: 39 Signed: 11 Invited to accede: 8 = 58 Other States with laws/draft laws largely in line with Budapest Convention: = at least 22 5780
  6. 6. States using Budapest Convention Ratified/acceded: 39 Signed: 11 Invited to accede: 8 = 58 Other States with laws/draft laws largely in line with Budapest Convention = 22 Further States drawing on Budapest Convention for legislation = 45 125 Indicative map only
  7. 7. About the scope of Budapest Convention Criminalising conduct  Illegal access  Illegal interception  Data interference  System interference  Misuse of devices  Fraud and forgery  Child pornography  IPR-offences Procedural tools  Expedited preservation  Search and seizure  Interception of computer data International cooperation  Extradition  MLA  Spontaneous information  Expedited preservation  MLA for accessing computer data  MLA for interception  24/7 points of contact + + Harmonisation
  8. 8. Functioning of the Budapest Convention Cybercrime Prevention and Criminal Justice to protect you and your rights in cyberspace 1 Standards: Budapest Convention and related instruments 3 Capacity building: Technical cooperation programmes 2 Follow up and assessments: Cybercrime Convention Committee (T-CY) www.coe.int/cybercrime
  9. 9. Budapest Convention as a guideline www.coe.int/cybercrime  Use as “checklist”  Compare articles Articles of the Convention Provisions in domestic law Art 4 System interference Art 9 Child pornography Art 16 Expedited preservation Art 6 Misue of devices ? ? ? ? See country profiles at www.coe.int/cybercrime
  10. 10. Budapest Convention as a guideline www.coe.int/cybercrime Article Budapest Convention Law of Cameroon Art. 1 Definitions Article 4 Art. 2 Illegal access Article 68 , 69 Art. 3 Illegal interception Article 65, 84 Art. 4 Data interference Article 71 Art. 5 System interference Articles 66, 67, 70 Art. 6 Misuse of devices Article 86 Example: Loi relative à la cyber sécurité et à la cybercriminalité au Cameroun (2010)
  11. 11. Budapest Convention as a guideline www.coe.int/cybercrime Example: Loi relative à la cyber sécurité et à la cybercriminalité au Cameroun (2010) Article Budapest Convention Law of Cameroon Art. 7 Computer-related forgery Article 73 Art. 8 Computer-related fraud Article 72 Art. 9 Child pornography Articles 76, 80, 81 Art. 10 IPR offences Art. 11 Attempt, aiding, abetting Art. 12 Corporate liability
  12. 12. Budapest Convention as a guideline www.coe.int/cybercrime Example: Loi relative à la cyber sécurité et à la cybercriminalité au Cameroun (2010) Article Budapest Convention Law of Cameroon Art. 15 Conditions and safeguards Art. 16 Expedited preservation ? (Data retention 10 years) Art. 17 Expedited preservation and partial disclosure of traffic data - Art. 18 Production order Article 57 Art. 19 Search and seizure Articles 53-59 Art. 20 Real-time collection traffic data Article 25 Art. 21 Interception of content data Articles 49-51 Art. 22 Jurisdiction
  13. 13. Protecting children: criminal law benchmarks Budapest Convention  Substantive criminal law  Article 9 Child pornograpy  Procedural law (scope and specific provisions)  Expedited preservation  Search and seizure  Interception  etc  International cooperation (general and specific provisions) + Lanzarote Convention  Substantive criminal law  Art 18 Sexual abuse  Art 19 Child prostitution  Art 20 Child pornography  Art 21 Child participation in pornographic performances  Art 22 Corruption of children  Art 23 Solicitation of children for sexual purposes
  14. 14. Capacity building: Technical cooperation programmes Focus on:  Cybercrime strategies  Legislation and safeguards  Cybercrime units  Law enforcement training  Judicial training  Financial investigations  Protecting children  Public/private cooperation  International cooperation Council of Europe global and regional projects:  500+ activities with 125+ countries & 130+ organisations and private sector since 2006  New joint EU/COE project on Global Action on Cybercrime in 2013  Encouraging other donors to provide assistance to countries in implementing Budapest Convention Capacity building
  15. 15. Effectiveness/Impact of the Budapest Convention  Stronger and more harmonised legislation  More efficient international cooperation between Parties  Better cybersecurity performance  More investigation, prosecution and adjudication of cybercrime and e- evidence cases  Trusted partnerships and public/private cooperation  Catalyst for capacity building  Contribution to human rights/rule of law in cyberspace = “Protecting you and your rights” Obstacles: 1. Limited criminal justice capacities 2. Political disagreements The Budapest Convention is in place and functioning. www.coe.int/cybercrime
  16. 16. Benefits for Africa Benefits  Trusted and efficient cooperation with other Parties  Participation in the Cybercrime Convention Committee (T- CY)  Participation in future standard setting (Guidance Notes, Protocols and other additions to Budapest Convention)  Enhanced trust by private sector  Technical assistance and capacity building “Cost”: Commitment to cooperate Disadvantages?
  17. 17. Contact for follow up www.coe.int/cybercrime Alexander.seger@coe.int Secretary of the Cybercrime Convention Committee (T-CY) Council of Europe Strasbourg, France www.coe.int/cybercrime

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