About 24/7 Points of contact
An important provision of the Convention on Cybercrime is Article 35, that
is, the creation of points of contact available 24 hours a day, seven
days a week, to facilitate international cooperation:
Article 35 – 24/7 Network
1 Each Party shall designate a point of contact available on a
twenty-four hour, seven-day-a-week basis, in order to ensure the
provision of immediate assistance for the purpose of investigations or
proceedings concerning criminal offences related to computer systems and
data, or for the collection of evidence in electronic form of a criminal
offence. Such assistance shall include facilitating, or, if permitted by
its domestic law and practice, directly carrying out the following
measures:
a the provision of technical advice;
b the preservation of data pursuant to Articles 29 and 30;
c the collection of evidence, the provision of legal information, and
locating of suspects.
2 a A Party’s point of contact shall have the capacity to carry out
communications with the point of contact of another Party on an
expedited basis.
b If the point of contact designated by a Party is not part of that
Party’s authority or authorities responsible for international mutual
assistance or extradition, the point of contact shall ensure that it is
able to co-ordinate with such authority or authorities on an expedited
basis.
3 Each Party shall ensure that trained and equipped personnel are
available, in order to facilitate the operation of the network.
This Article is very much based on the experience of the G8 Sub-group on
High-tech Crime that established a network of such contact points
already in 1997 and that currently comprises more than 50 members.
G8
Communique 1997
Recommendations
for tracing network communications
Best
practices for network security
Best
practices for law enforcement interaction with victim-companies
G8
principles for protecting critical information infrastructure
G8
principles on the availability of public data essential to protecting
public safety
G8
principles on transborder access to stored computer data
G8
data preservation checklists
In order to avoid a proliferation of networks it has been agreed that
contact points of the G8 and those established under the Convention on
Cybercrime be merged into a single Directory of Contact Points that will
be maintained by G8 Sub-group on High-tech Crime and the Council of
Europe.
This Directory is restricted to the use of law enforcement purposes.
For further information please contact:
Alexander Seger
Economic Crime Division
Directorate General of Human Rights and Legal Affairs
Council of Europe, Strasbourg, France
Tel: +33-3-9021-4506
Fax: +33-3-9021-5650
Email: [email protected]
www.coe.int/cybercrime
|