Problems of legal regulation and investigation of computer crimes in Georgia
Ucha Zaqashvili sets out the legislation dealing with cybercrime in Georgia, and discusses the problems with the definitions of substantive offences. The methods used by the investigating authorities when dealing with computer crime investigations in Georgia are also co... View more
17 This is taken, with permission, from a paper by Stephen Mason, 'The implementation of Community regulations in national legislation: IT offences in the strict sense of the word and offences committed using IT', prepared to support a talk by the author during a seminar entitled Investigation, Prosecution and Judgment of Information Technology Crime: Legal framework and criminal policy in the European Union. The seminar was held for members of the judiciary (judges and public prosecutors) specializing in dealing with cybercrime, organized within the framework of the European Judicial Training Network (with financial support from the Directorate-General Justice, Freedom and Security of the European Commission (2007 Criminal Justice Programme) and the Federal Public Service Justice (Belgium)) between Tuesday 25 November 2008 and Friday 28 November 2008 at the Hôtel Jean de Bohême, Durbuy, Belgium, and the full paper is available at http://www.stephenmason.eu /training-for-lawyers/judicial-training/.
18 Report from the Commission to the Council based on Article 12 of the Council Framework Decision of 24 February 2005 on attacks against information systems 14.7.2008, /* COM/2008/0448 final */, paragraph 2.3.
19 For a discussion in the US context, see Scott Eltringham, Editor in Chief, Prosecuting Computer Crimes Manual, Part 1 Computer Fraud and Abuse Act (Computer Crime and Intellectual Property Section, Criminal Division, United States Department of Justice, February 2007), available at http://www.justice.gov/criminal/cybercrime/ccman ual/index.html.
20 Interestingly in the UK, the Computer Misuse Act 1990 (as amended by The Police and Justice Act 2006, s 36), provides, in section 3, for the following, which includes recklessness: 3 Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc. (1) A person is guilty of an offence if(a) he does any unauthorised act in relation to a computer; (b) at the time when he does the act he knows that it is unauthorised; and (c) either subsection (2) or subsection (3) below applies. (2) This subsection applies if the person intends
23 Report from the Commission to the Council based on Article 12 of the Council Framework Decision of 24 February 2005 on attacks against information systems 14.7.2008, /* COM/2008/0448 final */, paragraphs 2.6 and 2.7.
24 For a translation of the Convention on Cybercrime by G. Lanchava and G. Ortoidze, (2008, Tbilisi) see http://www.cybercrime.ge.
25 Report from the Commission to the Council based on Article 12 of the Council Framework Decision of 24 February 2005 on attacks against information systems 14.7.2008, /* COM/2008/0448 final */, paragraph 2.8.