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.

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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