In 1997, it established a Committee of Experts on Crime in Cyberspace (PC-CY) to begin drafting a binding Convention to facilitate international cooperation in the investigation and prosecution of computer crimes. The United States actively participated in both the drafting and plenary sessions (Chawki).
The Convention stipulates actions targeted at national and inter-governmental levels, directed to prevent unlawful infringement of computer system functions. It divides cybercrime into: hacking of computer systems, fraud, forbidden content (racist websites and child porn content) and breaking copyright laws. The Convention has been signed by 32 European and non-European States and ratified by nine. However, the Convention on Cybercrime is, so far, the only internationally binding legal basis for strengthened cooperation worldwide.
At the Eleventh United Nations Congress on Crime Prevention and Criminal Justice in Bangkok on April 26, 2005, it was stressed that further internationally binding and effective prescriptive instruments must be in place to achieve uniformity in national crime codes and procedures and effective international cooperation in the application of measures. "We need a universal framework of penal law," said Ambassador Henning Wegener of the World Federation of Scientists. The international nature of cybercrime creates the need for an international solution that should cover substantive, procedures and international cooperation rules (I-Newswire).
Meanwhile, on the national level, countries are developing legislation that deals with specific forms of cybercrimes. In response to the new cases of "hacking," many nations have devised new statutes protecting a "formal sphere of secrecy" for computer data by criminalizing the illegal access to or use of a third person's computer or related data. Similarly, most countries have explicitly provided copyright protection for computer programs by legislative amendments since the 1980s. As a consequence, the courts now recognise copyright protection of computer programs.
Some issues, however, are not as clear cut. Over recent years, offenses related to the production, possession and distribution of "child pornography" have assumed significant standing. One problem is terminology disagreements. In some jurisdictions, pornography is linked to sexualized behaviour. This can impact how any given example of child pornography is regarded. Thus, it is quite possible for a picture to be recognized under laws that emphasize sexual qualities as child pornography, but to fail in jurisdictions where obscenity or public morality definitions prevail. Another major difficulty relates to what, in the context of adult images, might be regarded as erotica. Pictures of this kind would generally be regarded as child pornography where reference is made to sexual qualities, but might not if obscenity or indecency criteria are used.
Another problem in writing, enforcing, prosecuting, and interpreting cybercrime laws is the lack of technical knowledge of legislators and experts charged with these regulatory duties. Legislators, in most cases, do not have a real understanding of the technical issues and what is or is not desirable -- or even possible -- to legislate. Police investigators are becoming more technically savvy, but in many small jurisdictions, no one knows how to recover critical digital evidence. Judges, too, often lack technical expertise, which makes it difficult for them interpret the laws. The fact that many computer crime laws use vague language worsens the problem. The answer to all these dilemmas is education and awareness programs, which must be aimed at everyone involved in the fight against cybercrime, including: legislators and other politicians, criminal justice professionals and it professionals and the community at large -- the cyberspace community in particular.
The increasing proliferation in usage of technology assisted criminal activity and cybercrime merits further attention from the global community by enacting the necessary legislative provisions and implementing effective...
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