Budapest Convention On Cybercrime

Author:Mr Diego Fernandez and Ines O'Farrell
Profession:Marval O'Farrell & Mairal
 
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Recently, the Argentine Executive Branch filed a bill (the "Bill") with the Senate which approves the Convention on Cybercrime of the Council of Europe (ETS No. 185), adopted in Budapest, Hungary (the "Convention").

The Convention was adopted in 2001 and is the only international treaty on cybercrime and digital evidence. Despite the fact that it was developed within the framework of the Council of Europe, all countries may become members. To date it has been ratified by 54 countries, including the United States, Great Britain, Japan, Canada and Germany.

The main purpose of the Convention is to establish a common criminal policy to protect communities from cybercrime. In that connection, the Convention has provisions which relate to substantive law and specifies several crimes, including computer-related fraud and violations to the security of computer systems. In addition, it also contains several sections on procedural law and the collection of digital evidence, as well as including matters relating to international cooperation.

It is worth noting that in 2008 Argentina passed Cybercrime Law No. 26,338 and amended its Criminal Code to include several cybercrimes, modeling these on those contained in the Convention. Consequently, if the Convention is approved the...

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