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8 6. Does your national legislation provide criteria for establishing jurisdiction over the misuse of cyberspace for terrorist purposes? What are those criteria? Jurisdiction is apportioned by Luxembourg’s judicial organisation in two judicial districts, Luxembourg and Diekirch. However, where terrorism and money laundering are concerned, the legislator (Article 26 (2) of the Code of Criminal Investigation) has consolidated judicial authority around the judicial district of Luxembourg. The criterion for establishing jurisdiction is thus the nature of the offence irrespective of the seriousness of the acts or the territorial aspects. 7. Does your national legal system establish additional offences related to attempts at, or complicity in, the commission of the misuse of cyberspace for terrorist purposes (ancillary offences)? The definition of an act of terrorism is such that there is no need for the "basic" offences to have actually had their effects, since Article 135-1 of the Penal Code provides that: "Any crime or offence punishable by a maximum term of imprisonment of three years or more, or by a heavier penalty, shall constitute an act of terrorism where its nature or context is such that it may do serious harm to a country or an international organisation or body (…)". Suffice it that they could have done serious harm. Moreover, as regards the basic offences proper, the general rules of attempting to commit are applicable. In Luxembourg, an attempt to commit a crime is still punishable, as is an attempt to commit a lesser offence where the legislation so provides. The rules on complicity are prescribed by Articles 66 to 68 of the Penal Code which provide as follows: Article 66. The following are punishable as perpetrators of a crime or lesser offence: Those who carried it out or directly co-operated in carrying it out; Those who, by any act whatsoever, have rendered such assistance in carrying out the act that without it the crime or offence could not have been committed; Those who by means of gifts, promises, threats, abuse of authority or power, culpable machinations or deceit, have offered direct incitement to that crime or offence; (L. 8 June 2004) Those who, whether through statements made in meetings or in public places, or through placards or posters, or through writings whether or not printed and sold or distributed, have offered direct incitement to commit the crime or offence, subject to the last two provisions of Article 22 of the law of 8 June 2004 on freedom of expression in the media. Article 67. The following are punishable as accomplices in a crime or lesser offence: Those who issued instructions to commit it; Those who obtained weapons, instruments or any other means employed for the crime or offence, knowing that they were to be so employed; Those who, except in the case prescribed by paragraph 3 of Article 66, have wittingly aided or abetted the culprit or culprits of the crime or offence in the acts by which it was prepared or facilitated, or the acts by which it was committed. Article 68. Persons who, being acquainted with the criminal behaviour of the malefactors engaging in extortion or violence detrimental to the security of the State, in breach of the peace or against persons or property, have habitually afforded them a place of abode, refuge or assembly, shall be punished as their accomplices.
9 8. What kind of national procedures do you have for submitting an application on the activities of Internet-providers and/or hosting companies or other entities, to deprive a user from a domain name or to cancel his/her/its registration or licence? In Luxembourg, management of the geographic first level domain LU is handled as a public service by the Réseau Téléinformatique de l’Education Nationale et de la Recherche (RESTENA) (remote processing network for national education and research). This service commenced at the time when Luxembourg’s first physical connection to the Internet was made and authority for first level domain was assigned to RESTENA by the Internet Assigned Numbers Authority (IANA) in March 1992. 1 Access to the WHOIS service of RESTENA DNS-LU is allowed for any person wishing to obtain information on a domain name stored in the LU database. RESTENA DNS-LU supplies the data therein solely for purposes of consultation, and RESTENA DNS-LU does not guarantee their accuracy. This information cannot be used in full or even in part for compilation, distribution or any other purpose without the prior written permission of RESTENA DNS-LU. 2 Apart from this service intended for every individual, the standard procedures for gathering information in police or judicial investigations may be applied. Deprivation of the use of a domain name and cancellation of registration are matters governed by civil law in most instances. A judicial ruling will be implemented by RESTENA which has no independent power to rule in disputes between two individuals claiming the same right of ownership for a domain name. Use of a domain name may, however, also be a criminal law matter, particularly as regards infringement of the legislation on intellectual property and protected trademarks or where the use of a domain name would be immoral. In this case, cancellation of a domain name would also depend on a judicial ruling. In some circumstances, cancellation during the judicial investigation would be conceivable to put an end to the offence. Here, the decision would rest with the investigating authorities. 9. What non-legislative measures do you have in your country to prevent and counter terrorist misuse of cyberspace, including self-regulatory measures? The state authorities only hold powers vested in them by law. In that sense, all measures are legislative measures in one way or another. In the absence of further particulars as to the exact purport of this question, it is not possible to give a more detailed reply. C. International co-operation 10. Please describe your country's general framework for international co-operation regarding the misuse of cyberspace for terrorist purposes. The general provisions on international co-operation are applicable to cyberterrorism, in particular the Council of Europe Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Council of Europe Convention on Extradition of 13 December 1957 and the relevant European Union instruments. In relation to other countries, monitoring is usually implemented on the basis of a search warrant issued by an investigating magistrate. That said, on the basis of a reasoned order, special means of surveillance may be designated by an investigating judge, allowing an Internet screening operation which targets a given login to be set up. This procedure is also applicable for combating terrorist movements that misuse cyberspace for their own ends. 1 Le système des noms de domaine d'Internet, Antoine Barthel, Théo Duhautpas, Marc Hensel RESTENA, http://www.dns.lu/Pdfs/News_paper1999.pdf. 2 http://www.dns.lu/en/EN-LUChercher.html.
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