A/CONF. 187/10 A/CONF. 187/10 17. Corrupting computer data and programs includes forgery if it had been committed with respect to a launching worms"or computer viruses. A worm may traditional object of such an offence eventually cause the computer to stop functioning entirely, Its purpose is to criminalize forgery with respect to while a virus can cause the loss of all data stored in the computer data, in a manner functionally equivalent to unaware of the risk connected with open electronic 20. Two other types of related crime should be networks and receiving unsolicited messages For financial mentioned here. The first concerns a number of forms of reasons, commercially available virus scanning programs deceit in relation to telecommunication services. In such may not be applied. Criminal investigators may find it cases, to obtain services without payment, the perpetrator difficult to prove who was responsible for launching a attempts by means of technical manipulation of devices or virus that has caused damage. Hackers may also misuse electronic elements of the devices. Such conduct is usually temporary) security flaws in frequently used system criminalized by means of specific criminal provisions, but programs and may obtain access to, or(in exceptional it can sometimes be subsumed under the classical cases)control over, the computer systems of others by provisions for deceit or forgery. The second group relates storing specific program functions in those systems. to the misuse of payment instruments. The perpetrator, by Internet users may not be adequately informed or up to manipulating or forging an electronic banking card,or date about the possible risks and additional security using false codes, attempts to make an illegal financial measures offered by system software manufacturers gain. This may be covered by specific criminal provisions 18. Computer-related fraud is defined by the Council of the sense described in paragraph/o Isions,or amended in or by classical fraud and forge Europe(see para. 15 above)as 21. Computer-assisted offences include making The input, alteration, erasure or suppression of computer data or computer programs, or other available, communicating and disseminating certain material, and sometimes merely being in possession of it interference with the course of data processing, Such offences do not require electronic networks, here, thereby causing economic or possessory loss o networks are used by the perpetrator to increase the effect property of another person with the intent of procuring of the crime and to attempt to elude justice. With regard to an unlawful economic gain for himself or for another content-related offences a distinction should be made between content that is illegal owing to its character or This provision refers to the situation where a perpetrator meaning, and content which is not necessarily illegal by interferes with the proper functioning of the data itself, but becomes criminal under the circumstances of its processing of a computer-with or without right-with the distribution. The latter category includes infringement of effect specified in the definition of fraud. It does not copyright and sale of forbidden goods or services, such as encompass well-known schemes to defraud people that are weapons, drugs, stolen goods, unprescribed medicines and carried out by means of electronic representations or access to gambling facilities. The other category of communications through the Internet, such as offers for the content-related offences concerns messages that are sale of favourably priced shares; investments in real estate defamatory, that entice subversion or other illegal in a foreign State; lending money with an exceptionally activities or are offensive because of their religious or high interest return; prepayment of vaguely described racially discriminatory nature or because of their goods; or enticement to enter a pyramid scheme. It is likely pornographic nature. The extent to which national that traditional fraud provisions will apply to such legislators have criminalized such behaviour varies considerably. In most cases, the offences have long been 19. Computer forgery is defined by the Council of part of existing law, raising the question of whether the Europe(see para. 15 above)as laws apply to the new electronic environment The input, alteration, erasure or suppression of 22. There is global agreement in attitudes and rules computer data or computer programs, or other condemning the distribution of child pornography interference with the course of data processing in a International bodies. such as the United Nations manner or under such conditions which would Educational, Scientific and Cultural Organization according to national law, constitute an offence of European Union, have recommended that countries enactA/CONF.187/10 A/CONF.187/10 6 17. Corrupting computer data and programs includes launching “worms” or computer viruses. A worm may eventually cause the computer to stop functioning entirely, while a virus can cause the loss of all data stored in the hard disk. A modern way of distributing viruses is through unsolicited e-mail messages. Internet users may be unaware of the risk connected with open electronic networks and receiving unsolicited messages. For financial reasons, commercially available virus scanning programs may not be applied. Criminal investigators may find it difficult to prove who was responsible for launching a virus that has caused damage. Hackers may also misuse (temporary) security flaws in frequently used system programs and may obtain access to, or (in exceptional cases) control over, the computer systems of others by storing specific program functions in those systems. Internet users may not be adequately informed or up to date about the possible risks and additional security measures offered by system software manufacturers. 18. Computer-related fraud is defined by the Council of Europe (see para. 15 above) as: “The input, alteration, erasure or suppression of computer data or computer programs, or other interference with the course of data processing, thereby causing economic or possessory loss of property of another person with the intent of procuring an unlawful economic gain for himself or for another person.” This provision refers to the situation where a perpetrator interferes with the proper functioning of the data processing of a computer—with or without right—with the effect specified in the definition of fraud. It does not encompass well-known schemes to defraud people that are carried out by means of electronic representations or communications through the Internet, such as offers for the sale of favourably priced shares; investments in real estate in a foreign State; lending money with an exceptionally high interest return; prepayment of vaguely described goods; or enticement to enter a pyramid scheme. It is likely that traditional fraud provisions will apply to such schemes. 19. Computer forgery is defined by the Council of Europe (see para. 15 above) as: “The input, alteration, erasure or suppression of computer data or computer programs, or other interference with the course of data processing in a manner or under such conditions which would, according to national law, constitute an offence of forgery if it had been committed with respect to a traditional object of such an offence.” Its purpose is to criminalize forgery with respect to computer data, in a manner functionally equivalent to criminalization of the forgery of conventional documents. 20. Two other types of related crime should be mentioned here. The first concerns a number of forms of deceit in relation to telecommunication services. In such cases, to obtain services without payment, the perpetrator attempts by means of technical manipulation of devices or electronic elements of the devices. Such conduct is usually criminalized by means of specific criminal provisions, but it can sometimes be subsumed under the classical provisions for deceit or forgery. The second group relates to the misuse of payment instruments. The perpetrator, by manipulating or forging an electronic banking card, or using false codes, attempts to make an illegal financial gain. This may be covered by specific criminal provisions or by classical fraud and forgery provisions, or amended in the sense described in paragraph 19. 21. Computer-assisted offences include making available, communicating and disseminating certain material, and sometimes merely being in possession of it. Such offences do not require electronic networks; here, networks are used by the perpetrator to increase the effect of the crime and to attempt to elude justice. With regard to content-related offences a distinction should be made between content that is illegal owing to its character or meaning, and content which is not necessarily illegal by itself, but becomes criminal under the circumstances of its distribution. The latter category includes infringement of copyright and sale of forbidden goods or services, such as weapons, drugs, stolen goods, unprescribed medicines and access to gambling facilities. The other category of content-related offences concerns messages that are defamatory, that entice subversion or other illegal activities or are offensive because of their religious or racially discriminatory nature or because of their pornographic nature. The extent to which national legislators have criminalized such behaviour varies considerably. In most cases, the offences have long been part of existing law, raising the question of whether the laws apply to the new electronic environment. 22. There is global agreement in attitudes and rules condemning the distribution of child pornography. International bodies, such as the United Nations Educational, Scientific and Cultural Organization and the European Union, have recommended that countries enact