The use of the Internet

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THE USE OF THE INTERNET FOR TERRORIST PURPOSES
laws provide States with the benefit of strong foundational legal provisions as a point
of departure for the development of domestic legislation. A key benefit of the use of
model provisions as a basis for national legislation is the facilitation of international
cooperation, including through the mitigation of conflicts arising out of misinterpretation
of provisions in different legal systems (for example, between common-law and
civil-law jurisdictions) and with respect to dual criminality requirements. 71 (See discussion
in section V.F.5 below.)
1. Commonwealth
69. The Commonwealth Model Law on Computer and Computer Related Crime
(2002) was drafted on the basis of the Council of Europe Convention on Cybercrime. 72
The Model Law is aimed at leveraging the similarities in the legal traditions of Commonwealth
member States 73 to promote the harmonization of both substantive and
procedural aspects of combating cybercrime and to promote international cooperation.
The Commonwealth Model Law is consistent with the standards defined by the Council
of Europe Convention on Cybercrime.
2. Commonwealth of Independent States
70. Member States of the Commonwealth of Independent States (CIS) have also
adopted model legislative acts and guidelines, aimed at harmonizing the national legislative
systems, taking into account international experiences in the fight against terrorism.
These model provisions reflect international legal standards, adapted to the
needs of CIS member States. 74 For example, article 13 of the Model Law on the regulatory
framework of the Internet 75 provides model provisions with respect to countering
the use of the Internet for illegal purposes.
3. International Telecommunication Union
71. The International Telecommunication Union (ITU) is a specialized agency of the
United Nations that plays a leading role in cybercrime issues. ITU has developed the
Toolkit for Cybercrime Legislation (2010) to promote harmonized national cybercrime
71 Pursuant to the principle of dual criminality, extradition may be possible only in cases in which the act on the
basis of which extradition has been requested is punishable in both the requesting and the requested State.
72 For more information, see www.thecommonwealth.org/shared_asp_files/uploadedfiles/%7BDA109CD2-5204-
4FAB-AA77-86970A639B05%7D_Computer%20Crime.pdf.
73 As at the date of the present publication, the 53 member States of the Commonwealth were: Antigua and Barbuda,
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, Saint
Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Singapore, Solomon
Islands, South Africa, Sri Lanka, Swaziland, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, United
Republic of Tanzania, Vanuatu and Zambia.
74 As at the date of the present publication, the 11 member States of the Commonwealth of Independent States
were: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Republic of Moldova, Russian Federation, Tajikistan, Turkmenistan,
Ukraine and Uzbekistan.
75 Annex to resolution 36-9 of the Inter-Parliamentary Assembly of the members of the Commonwealth of Independent
States, adopted on 16 May 2011.