1. Concept Criminalize new types of crime and few of the traditional crimes when committed by computer Criminalize certain acts where : The Computer is the object of a crime.The Computer is the object of a crime. The computer is the subject of a crime (e.g. Viruses, warms, Trojan Horses, Logic bombs,, denial of services attacks.). Aware that these are motivated usually by malice or mischief rather than financial gain. No wholesale introduction of special criminal offences.The computer is the subject of a crime (e.g. Viruses, warms, Trojan Horses, Logic bombs,, denial of services attacks.). Aware that these are motivated usually by malice or mischief rather than financial gain. No wholesale introduction of special criminal offences. Introduce suitable procedural provisions. Ensure words within the procedural law that are unsuitable for computer crimes are appropriately adapted.Introduce suitable procedural provisions. Ensure words within the procedural law that are unsuitable for computer crimes are appropriately adapted.

2. Main Sources Convention on Cybercrime 2001. ( The provisions of the Additional Protocol to the convention on cybercrime concerning the criminalization of acts of a racist and xenophobic nature committed through computer system 2003 not incorporated). Convention on Cybercrime 2001. ( The provisions of the Additional Protocol to the convention on cybercrime concerning the criminalization of acts of a racist and xenophobic nature committed through computer system 2003 not incorporated). Commonwealth Model Law on Computer and Computer Related Crimes. Commonwealth Model Law on Computer and Computer Related Crimes.

3. General Approach Model the law on the convention but: No to the provision on international cooperation as we are yet party to the convention. No to the provision on international cooperation as we are yet party to the convention. No to the provision of the protocol for the time being with a view to addressing the issue at a late date No to the provision of the protocol for the time being with a view to addressing the issue at a late date Ensure that procedure provisions are adequate, suitable ). Ensure that procedure provisions are adequate, suitable ). No provisions are necessary to deal with copyright violations as these are addressed in the copyright law No provisions are necessary to deal with copyright violations as these are addressed in the copyright law

4. Offences Illegal access (No damage) Illegal access (No damage) Illegal access causing normal damage. Illegal access causing normal damage. Illegal access causing serious damage. Illegal access causing serious damage. (e.g. health, public utilities, physical injury, medical diagnosis or tests) (e.g. health, public utilities, physical injury, medical diagnosis or tests) Unlawful interference with data (e.g. damages, alters, render useless, obstructs, denies access, … etc) Unlawful interference with data (e.g. damages, alters, render useless, obstructs, denies access, … etc) Unlawful interference with computer system (e.g. cut electricity supply, corrupts system by any means, inputs or deletes or alters computer data, causes electromagnetic interference) Unlawful interference with computer system (e.g. cut electricity supply, corrupts system by any means, inputs or deletes or alters computer data, causes electromagnetic interference)

5. Offences …..Cont. Blackmail (extortion). Blackmail (extortion). Minuses of devices (e.g. program or password) used to commit any of the computer crimes. The offence extends to possession, production and procuring. Minuses of devices (e.g. program or password) used to commit any of the computer crimes. The offence extends to possession, production and procuring. Child pornography (Why only child pornography?) Child pornography (Why only child pornography?) Forgery Forgery Fraud Fraud Mens Rea: Always intentional without authority. Mens Rea: Always intentional without authority.

6. Special Procedural Provisions Applicable to : Applicable to : –The prescribed computer crimes. –Any crime committed using a computer system.

7. The Special Procedural Provisions Power to order expedited preservation of stored computer data (includes order any person who can do so and demand confidentiality under criminal sanction) Power to order expedited preservation of stored computer data (includes order any person who can do so and demand confidentiality under criminal sanction) Power to order production of data. Power to order production of data. Search and Seizure of computer data (includes access to another computer system where lawfully possible through the original system, order an person to assist to facilitate access). Search and Seizure of computer data (includes access to another computer system where lawfully possible through the original system, order an person to assist to facilitate access). Real time collection and recording of computer data. Real time collection and recording of computer data. Real time interception of content data. Real time interception of content data.

8. The Penalties Can be substantial Can be substantial Corporate liability Corporate liability Half the penalty for attempt. Half the penalty for attempt. Full penalty for aiding and abetting. Full penalty for aiding and abetting.

9. For the Future Recommend seeking an invitation to accession to the Council of Europe Convention on Cybercrime given the potential trans-border nature of cybercrimes (Article 37 : invitation has to come from the Committee of Ministers of the Council of Europe) Recommend seeking an invitation to accession to the Council of Europe Convention on Cybercrime given the potential trans-border nature of cybercrimes (Article 37 : invitation has to come from the Committee of Ministers of the Council of Europe)