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ally, the access to the whole or any part of a computer system without right. A Party may require that the offence be committed by infringing security measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system.
Article 3 – Illegal interception.
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the interception without right, made by technical means, of non-public transmissions of computer data to, from or within a computer system, including electromagnetic emissions from a computer system carrying such computer data. A Party may require that the offence be committed with dishonest intent, or in relation to a computer system that is connected to another computer system.
Article 4 – Data interference.
1.Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right.
2.A Party may reserve the right to require that the conduct described in paragraph 1 result in serious harm.
Article 5 – System interference.
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data.
Article 6 – Misuse of devices.
1. Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal of-
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fences under its domestic law, when committed intentionally and without right:
a. the production, sale, procurement for use, import, distribution or otherwise making available of:
i a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with Articles 2 through 5;
ii. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed,
with intent that it be used for the purpose of committing any of the offences established in Articles 2 through 5; and
b. the possession of an item referred to in paragraphs a.i or ii above, with intent that it be used for the purpose of committing any of the offences established in Articles 2 through 5. A Party may require by law that a number of such items be possessed before criminal liability attaches.
2.This article shall not be interpreted as imposing criminal liability where the production, sale, procurement for use, import, distribution or otherwise making available or possession referred to in paragraph 1 of this article is not for the purpose of committing an offence established in accordance with Articles 2 through 5 of this Convention, such as for the authorised testing or protection of a computer system.
3.Each Party may reserve the right not to apply paragraph 1 of this article, provided that the reservation does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 a.ii of this article.
Title 2 – Computer-related offences.
Article 7 – Computer-related forgery.
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intention-
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ally and without right, the input, alteration, deletion, or suppression of computer data, resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible. A Party may require an intent to defraud, or similar dishonest intent, before criminal liability attaches.
Article 8 – Computer-related fraud.
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the causing of a loss of property to another person by:
a.any input, alteration, deletion or suppression of computer data,
b.any interference with the functioning of a computer system,
with fraudulent or dishonest intent of procuring, without right, an economic benefit for oneself or for another person.
Title 3 – Content-related offences.
Article 9 – Offences related to child pornography.
1 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct:
a.producing child pornography for the purpose of its distribution through a computer system;
b.offering or making available child pornography through a computer system;
c.distributing or transmitting child pornography through a computer system;
d.procuring child pornography through a computer system for oneself or for another person;
e.possessing child pornography in a computer system or on a computer-data storage medium.
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2. For the purpose of paragraph 1 above, the term "child pornography" shall include pornographic material that visually depicts:
a. a minor engaged in sexually explicit conduct;
b. a person appearing to be a minor engaged in sexually explicit conduct;
c. realistic images representing a minor engaged in sexually explicit conduct.
3. For the purpose of paragraph 2 above, the term "minor" shall include all persons under 18 years of age. A Party may, however, require a lower age-limit, which shall be not less than 16 years….
Title 4 – Offences related to infringements of copyright and related rights.
Article 10 – Offences related to infringements of copyright and related rights.
1.Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the infringement of copyright, as defined under the law of that Party, pursuant to the obligations it has undertaken under the Paris Act of 24 July 1971 revising the Bern Convention for the Protection of Literary and Artistic Works, the Agreement on TradeRelated Aspects of Intellectual Property Rights and the WIPO Copyright Treaty, with the exception of any moral rights conferred by such conventions, where such acts are committed willfully, on a commercial scale and by means of a computer system.
2.Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the infringement of related rights, as defined under the law of that Party, pursuant to the obligations it has undertaken under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention), the Agreement on Trade-Related Aspects of Intel-
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lectual Property Rights and the WIPO Performances and Phonograms Treaty, with the exception of any moral rights conferred by such conventions, where such acts are committed willfully, on a commercial scale and by means of a computer system….
Title 5 – Ancillary liability and sanctions.
Article 11 – Attempt and aiding or abetting. Article 12 – Corporate liability.
Article 13 – Sanctions and measures.
1.Each Party shall adopt such legislative and other measures as may be necessary to ensure that the criminal offences established in accordance with Articles 2 through 11 are punishable by effective, proportionate and dissuasive sanctions, which include deprivation of liberty.
2.Each Party shall ensure that legal persons held liable in accordance with Article 12 shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or measures, including monetary sanctions.
Section 2 – Procedural law.
Title 1 – Common provisions.
Article 14 – Scope of procedural provisions. Article 15 – Conditions and safeguards
Title 3 – Production order.
Article 18 – Production order.
1. Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order:
a.a person in its territory to submit specified computer data in that person’s possession or control, which is stored in a computer system or a computer-data storage medium; and
b.a service provider offering its services in the territory of the Party to submit subscriber information relating to such services in that service provider’s possession or control.