Defining and Registering Criminal Offences and Measures - Oapen
Defining and Registering Criminal Offences and Measures - Oapen
Defining and Registering Criminal Offences and Measures - Oapen
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3. Final questionnaire <strong>and</strong> evaluation<br />
Computer <strong>Offences</strong><br />
The definition of computer offences was revised based on the results of the trial<br />
phase. Computer fraud was added to the include list in order to differentiate more<br />
precisely between fraud <strong>and</strong> computer offences. Also, illegal downloading was<br />
changed from “include” to “exclude” due to the results of the trial phase. It was<br />
also decided that illegal downloading of data or programs should not be considered<br />
a computer offence, given that it does not affect the confidentiality, integrity<br />
or availability of a computer (but eventual copyrights of third parties).<br />
The definition in the final questionnaire had the following wording:<br />
<strong>Offences</strong> against the confidentiality, integrity <strong>and</strong> availability of computer data <strong>and</strong><br />
systems: unauthorized entry into electronic systems (computers) or unauthorized use or<br />
manipulation of electronic systems, data or software<br />
Indicate whether included or<br />
Include the following:<br />
illegal access (i.e. intentional access to a computer<br />
system without right, e.g. ‘hacking’)<br />
illegal interception (i.e. interception without right, made<br />
by technical means, of non-public transmissions of computer<br />
data)<br />
data interference (i.e. damaging, deletion, deterioration,<br />
alteration or suppression of computer data without right)<br />
system interference (i.e. serious hindering without right<br />
of the functioning of a computer system)<br />
misuse of devices (i.e. production, sale, procurement for<br />
use, import, or distribution of a device or a computer<br />
password/access code)<br />
computer fraud (i.e. deception of a computer instead of a<br />
human being)<br />
attempts<br />
Exclude the following:<br />
illegal downloading of data or programs<br />
excluded:<br />
in police<br />
statistics<br />
in conviction<br />
statistics<br />
incl. excl. incl. excl.<br />
The full survey of all countries covered in the 4 th edition has revealed that only the<br />
Czech Republic, Estonia, Icel<strong>and</strong>, Italy, Lithuania, Sweden, Ukraine, UK: Engl<strong>and</strong> <strong>and</strong><br />
Wales <strong>and</strong> Northern Irel<strong>and</strong> include computer fraud in their statistics on general<br />
fraud (see above, table F.8.3).<br />
Regarding computer offences <strong>and</strong> criteria (1) to (4) of the st<strong>and</strong>ard definition<br />
almost all countries were able to provide data without any deviation (see table
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