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.These model provisions reflect international legal standards, adapted to theneeds of CIS member States.74 For example, article 13 of the Model Law on the regu-latory framework of the Internet75 provides model provisions with respect to counteringthe use of the Internet for illegal purposes.3.International Telecommunication Union71.The International Telecommunication Union (ITU) is a specialized agency of theUnited Nations that plays a leading role in cybercrime issues.ITU has developed theToolkit for Cybercrime Legislation (2010) to promote harmonized national cybercrime71Pursuant to the principle of dual criminality, extradition may be possible only in cases in which the act on thebasis of which extradition has been requested is punishable in both the requesting and the requested State.72For more information, see www.thecommonwealth.org/shared_asp_files/uploadedfiles/%7BDA109CD2-5204-4FAB-AA77-86970A639B05%7D_Computer%20Crime.pdf.73As at the date of the present publication, the 53 member States of the Commonwealth were: Antigua and Bar-buda, Australia, Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, Canada, Cyprus,Dominica, Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives,Malta, Mauritius, Mozambique, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, Rwanda, SaintKitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Singapore, SolomonIslands, South Africa, Sri Lanka, Swaziland, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, UnitedRepublic of Tanzania, Vanuatu and Zambia.74As at the date of the present publication, the 11 member States of the Commonwealth of Independent Stateswere: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Republic of Moldova, Russian Federation, Tajikistan, Turk-menistan, Ukraine and Uzbekistan.75Annex to resolution 36-9 of the Inter-Parliamentary Assembly of the members of the Commonwealth of Inde-24 pendent States, adopted on 16 May 2011. CHAPTER II.THE INTERNATIONAL CONTEXTlegislation and procedural rules, including with respect to acts of terrorism committedby using the Internet.The Toolkit was developed on the basis of a comprehensiveanalysis of the Council of Europe Convention on Cybercrime and the cybercrime leg-islation of developed countries.76 While the ITU Toolkit primarily addresses cybersecu-rity issues, it provides model provisions for the criminalization of certain acts of ter-rorism involving use of the Internet, such as unauthorized access to computer programsor data for purposes of terrorism or the transmission of malware with the intent offurthering terrorism.7776International Telecommunication Union, Toolkit for Cybercrime Legislation (2010), para.2.2.77Ibid., sects.3 (f) and 6 (h).25 III.Policy and legislative frameworksIII.A.Introduction72.In addition to using the Internet to plan and finance terrorist acts, terrorists alsouse it to recruit and train new members; communicate, research or reconnoitre potentialtargets; disseminate propaganda; and incite others to carry out acts of terrorism.73.In the present chapter, issues related to the development of criminal justice poli-cies and legislation aimed at countering these threats are considered, with the aim ofidentifying, by reference to examples and national experiences offered by some Statesrepresented at the expert group meetings, common challenges and approaches that caneither impede or strengthen the effective investigation and prosecution of terrorismcases involving some aspect of Internet use.B.Policy74.In order to provide effective criminal justice responses to threats presented byterrorists using the Internet, States require clear national policies and legislative frame-works.Broadly speaking, such policies and laws will focus on:(a) Criminalization of unlawful acts carried out by terrorists over the Internet orrelated services;(b) Provision of investigative powers for law enforcement agencies engaged interrorism-related investigations;(c) Regulation of Internet-related services (e.g.ISPs) and content control;(d) Facilitation of international cooperation;(e) Development of specialized judicial or evidential procedures;(f) Maintenance of international human rights standards.Policy approaches75 [ Pobierz całość w formacie PDF ]

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