Appendix II : Strasbourg, 28 June 2000 PC-CY (2000) Draft N° 21

European Committee on Crime Problems (CDPC)

Committee of Experts on Crime in Cyber-Space (PC-CY)

Prepared by the Secretariat Directorate General I (Legal Affairs)

Draft Convention on Cyber-Crime (Draft N° 21)

Preamble

The member States of the Council of Europe and the other States signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Recognising the value of fostering co-operation with the other States signatories to this Convention;

Convinced of the need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society against cyber-crime, inter alia by adopting appropriate legislation and fostering international co-operation;

Conscious of the profound changes brought about by the digitalisation, convergence and continuing globalisation of computer networks;

Concerned at the risk that computer networks and electronic information may also be used for committing criminal offences and that evidence relating to such offences may be stored and transferred by these networks;

Believing that an effective fight against cyber-crime requires increased, rapid and well-functioning international co-operation in criminal matters;

Convinced that the present Convention is necessary to deter actions directed against the confidentiality, integrity and availability of computer systems, networks and computer data, as well as the misuse of such systems, networks and data, by providing for the criminalisation of such conduct, as described in this Convention, and the adoption of powers sufficient for effectively combating such criminal offences, by facilitating the detection, investigation and prosecution of such criminal offences at both the domestic and international level, and by providing arrangements for fast and reliable international co-operation, while ensuring a proper balance between the interests of law enforcement and respect for fundamental human rights;

Taking into account the existing Council of Europe conventions on co-operation in the penal field and stressing that the present Convention is intended to supplement those conventions in order to make criminal investigations and proceedings concerning criminal offences related to computer systems and data more effective and to enable the collection of electronic evidence of a criminal offence;

Welcoming recent developments which further advance international understanding and co-operation in combating cyber-crimes, including actions of the United Nations, the OECD, the European Union and the G8;

Recalling Recommendation N° R 88 (2) on piracy in the field of copyright and neighbouring rights as well as Recommendation N° R (89) 9 on computer-related crime providing guidelines for national legislatures concerning the definition of certain computer crimes and Recommendation N° R (95) 13 concerning problems of criminal procedural law connected with Information Technology, calling for, inter alia, the negotiation of an international agreement to regulate trans-border search and seizure;

Having regard to Resolution No. 1 adopted by the European Ministers of Justice at their 21st Conference (Prague, June 1997), which recommended the Committee of Ministers to support the work carried out by the European Committee on Crime Problems (CDPC) on cyber-crime in order to bring domestic criminal law provisions closer to each other and enable the use of effective means of investigation concerning such offences;

Having also regard to the Action Plan adopted by the Heads of State and Government of the Council of Europe, on the occasion of their Second Summit (Strasbourg, 10-11 October 1997), to seek common responses ...

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