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confidence and security in the information society. In the context of the Agenda,
ITU provides support to its member States through specific initiatives and activities
related to legal, technical and procedural measures, organizational structures,
capacity-building and international cooperation on cybersecurity. The organization
has also provided training courses, training materials and publications on specific
cybercrimes for law enforcement and judicial organs as well as civil society.
Moreover, it has developed a number of tools, including a report entitled
“Understanding cybercrime: a guide for developing countries”, aimed at helping
them to better understand the national and international implications of growing
cyberthreats and assist in the assessment of the existing legal framework and in the
establishment of a sound legal foundation.
B.
Regional frameworks and initiatives
37. At the regional level, the Council of Europe Convention on Cybercrime and its
Additional Protocol constitute a legally binding framework with the widest reach.
The Council of Europe Convention on Cybercrime, 10 which entered into force on
1 July 2004, is the first international treaty on crimes committed via the Internet and
other computer networks, dealing particularly with infringements of copyright,
computer-related fraud, child pornography and violations of network security. The
Convention has been supplemented by an Additional Protocol concerning the
criminalization of acts of a racist and xenophobic nature committed through
computer systems, which entered into force on 1 March 2006. 11 The Additional
Protocol made any publication of racist and xenophobic propaganda via computer
networks a criminal offence. Although many member States of the Council of
Europe had already criminalized certain acts related to racist or xenophobic content,
a coordinated approach, based on the common elements included in the Additional
Protocol, was taken owing to considerable challenges faced by law enforcement
agencies in addressing the dissemination of such material through the Internet.
38. The Organization for Security and Cooperation in Europe (OSCE) has been
enhancing its work in combating racism, racial discrimination, xenophobia and
related intolerance on the Internet. The commitment to combat hate crimes, which
can be fuelled by racist, xenophobic and anti-Semitic propaganda on the Internet,
was made by the Ministerial Council of the OSCE, meeting in Maastricht in
December 2003, in its Decision No. 4/03 on tolerance and non-discrimination. In
November 2004, the Permanent Council of OSCE, in its Decision No. 633 on
promoting tolerance and media freedom on the Internet, decided that participating
States should investigate and, where applicable, fully prosecute violence and
criminal threats of violence, motivated by racist, xenophobic, anti-Semitic or other
related bias on the Internet (para. 2). In the same decision, the Permanent Council
also stated that participating States should study the effectiveness of laws and other
measures regulating Internet content, specifically with regard to their effect on the
rate of racist, xenophobic and anti-Semitic crimes (para. 5), and encourage and
support analytically rigorous studies on the possible relationship between racist,
xenophobic and anti-Semitic speech on the Internet and the commission of crimes
motivated by such speech (para. 6). The Ministerial Council, in paragraph 12 of its
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11
12-46982
Available from http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm.
Available from http://conventions.coe.int/Treaty/en/Treaties/html/189.htm.
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