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OAS MEMBER STATE LEGISLATION
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In fulfillment of
the recommendations from the Meetings of Ministers of justice or
other Ministers or Attorneys General of the Americas (REMJA), as
well as the recommendations of the REMJA’s Working Group on
Cybercrime, the OAS Technical Secretariat has compiled the existing
cyber-crime legislation of the OAS Member States.
In addition, pursuant to REMJA recommendations, in the sense that
OAS Member States give consideration to applying the principles of
the Council of Europe’s Convention on Cyber-Crime and to acceding
thereto, and to adopting the legal and other measures required for
its implementation, the Technical Secretariat has grouped the
existing legislation according to (1) the substantive offenses
provided for by the Council of Europe Convention on Cyber-Crime; and
(2) the procedural provisions contained therein.
SUBSTANTIVE CYBER-CRIME LEGISLATION
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Ilegal Access
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Council
of Europe Convention on Cyber-Crime Definition-
Article 2 – Illegal access.
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 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
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OAS
Country Legislation-
Antigua and Barbuda
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Argentina
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Bahamas
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Barbados
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Bolivia
-
Chile
-
Colombia
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Costa Rica
-
Dominican Republic
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Ecuador
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Nicaragua
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Panama
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Peru
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St. Vincent and the Grenadines
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Trinidad and Tobago
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United States -
Venezuela
Ilegal Interception
Data
Interference
Argentina
del Código Penal
Bahamas
Section 7 of the Computer Misuse Act, 2003
Barbados
Bolivia
Chile
Colombia
Costa Rica
Dominican Republic
Ecuador
Guatemala
Honduras
Mexico
Paraguay
Peru
St.
Vincent and the Grenadines
Suriname
Trinidad and Tobago
Venezuela
System Interference
Chile
Colombia
Costa Rica
Dominican Republic
Ecuador
Honduras
Panama
Paraguay
Peru
St.
Vincent and the Grenadines
Suriname
Trinidad and Tobago
Venezuela
Misuse of
Devices
Council
of Europe Convention on Cyber-Crime Definition
OAS
Country Legislation-
Antigua and Barbuda
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Argentina ículo
183 del Código Penal
Bahamas
Section 6 of the Computer Misuse Act, 2003
Barbados
Colombia ículo
193 del Código Penal
(Ley 599 de 2000)
Dominican Republic ículo
8 de la
Ley
53/07 contra el Delito Cibernético
Ecuador
St. Vincent and the Grenadines
Venezuela ículo
10
de la
Ley Especial Contra Los Delitos Informaticos
Computer Related
Forgery
Council
of Europe Convention on Cyber-Crime Definition -
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 intentionally 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.
OAS
Country Legislation
Bahamas
Barbados
Costa Rica
Dominican
Republic
Ecuador
Grenada
Guatemala ículo 274 E
del Código
Penal
Nicaraguaículo 39
y 284
del Código Penal
Panamá
Paraguay
248
del Código Penal
Suriname
Venezuela
Artículo
12
de la Ley Especial Contra Los Delitos
Informaticos
Computer Related
Fraud
Council
of Europe Convention on Cyber-Crime Definition
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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:
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any
input, alteration, deletion or suppression of computer
data,
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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.
OAS
Country Legislation
Bahamas
Barbados
Colombia
Costa Rica
Dominican Republic
Ecuador
Grenada
Guatemala
Panama
Paraguay
St.
Vincent and the Grenadines
Suriname
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Article 286 of the Penal Code
Trinidad and Tobago
Venezuela
Child
Pornography
Council
of Europe Convention on Cyber-Crime Definition
OAS
Country Legislation
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Antigua and Barbuda
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Argentina
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Barbados
Bolivia
Brazil
Dominican Republic
Ecuador
Honduras
Nicaragua
Panama
Artículos 181 y 182 del Código
Penal
Paraguay
Peru
St. Vincent and the Grenadines
United States
Venezuela
Copyright Infringement
Council
of Europe Convention on Cyber-Crime Definition
OAS
Country Legislation
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Argentina
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Costa Rica
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Dominican Republic
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Grenada
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Honduras
- Artículo
248C del Código Penal
Panama
United States
17 USC Section 506 (Copyrights)
Venezuela
PROCEDURAL CYBER-CRIME LEGISLATION
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Expedited
Preservation of Stored Computer Data
Council
of Europe Convention on Cyber-Crime Definition
OAS
Country Legislation
Barbados
Dominican Republic
Saint Vincent and the Grenadines
Expedited
Preservation and Partial Disclosure of Traffic Data
Council
of Europe Convention on Cyber-Crime DefinitionExpedited Preservation and Partial Disclosure
of Traffic Data.
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Each Party shall adopt, in respect of traffic data that is
to be preserved under Article 16, such legislative and
other measures as may be necessary to
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ensure that such expeditious preservation of traffic data
is available regardless of whether one or more service
providers were involved in the transmission of that
communication; and
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ensure the expeditious disclosure to the Party’s competent
authority, or a person designated by that authority, of a
sufficient amount of traffic data to enable the Party to
identify the service providers and the path through which
the communication was transmitted
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The powers and procedures referred to in this article shall
be subject to Articles 14 and 15.
OAS
Country Legislation
Barbados
Dominican Republic
Guyana
Jamaica
St. Vincent and the Grenadines
Production
Order
Canada
Colombia
Dominican Republic
Ecuador
Jamaica
St. Vincent and the Grenadines
Search and
Seizure of Stored Computer Data
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Each Party shall adopt such legislative and other measures
as may be necessary to empower its competent authorities to
search or similarly access:
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Each Party shall adopt such legislative and other measures
as may be necessary to ensure that where its authorities
search or similarly access a specific computer system or
part of it, pursuant to paragraph 1.a, and have grounds to
believe that the data sought is stored in another computer
system or part of it in its territory, and such data is
lawfully accessible from or available to the initial
system, the authorities shall be able to expeditiously
extend the search or similar accessing to the other system
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Each Party shall adopt such legislative and other measures
as may be necessary to empower its competent authorities to
seize or similarly secure computer data accessed according
to paragraphs 1 or 2. These measures shall include the
power to:
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seize or similarly secure a computer system or part of it
or a computer-data storage medium;
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make and retain a copy of those computer data;
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maintain the integrity of the relevant stored computer
data;
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render inaccessible or remove those computer data in the
accessed computer system
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Each Party shall adopt such legislative and other measures
as may be necessary to empower its competent authorities to
order any person who has knowledge about the functioning of
the computer system or measures applied to protect the
computer data therein to provide, as is reasonable, the
necessary information, to enable the undertaking of the
measures referred to in paragraphs 1 and 2.
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The powers and procedures referred to in this article shall
be subject to Articles 14 and 15.
OAS
Country Legislation-
Antigua and Barbuda
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Bahamas
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Barbados
Bolivia
Brazil
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Artículo
240 del Código Procesal Penal
Chile
Colombia
Costa Rica
Dominican Republic
Ecuador
Honduras
Panama
St. Vincent and the Grenadines
Trinidad and Tobago
Real-time Collection of Traffic Data-
Article 20 – Real-time Collection of Traffic Data
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Each Party shall adopt such legislative and other measures
as may be necessary to empower its competent authorities
to:
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collect or record through the application of technical
means on the territory of that Party, and
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compel a service provider, within its existing technical
capability:
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to collect or record through the application of technical
means on the territory of that Party; or
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to co-operate and assist the competent authorities in the
collection or recording of,
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traffic data, in real-time, associated with specified
communications in its territory transmitted by means of a
computer system.
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Where a Party, due to the established principles of its
domestic legal system, cannot adopt the measures referred
to in paragraph 1.a, it may instead adopt legislative and
other measures as may be necessary to ensure the real-time
collection or recording of traffic data associated with
specified communications transmitted in its territory,
through the application of technical means on that
territory
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Each Party shall adopt such legislative and other measures
as may be necessary to oblige a service provider to keep
confidential the fact of the execution of any power
provided for in this article and any information relating
to it.
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The powers and procedures referred to in this article shall
be subject to Articles 14 and 15.
OAS
Country Legislation-
Antigua and Barbuda
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Bahamas
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Brazil
Dominican Republic
Panama
St. Vincent and the Grenadines
Interception
of Content Data
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Each Party shall adopt such legislative and other measures
as may be necessary, in relation to a range of serious
offences to be determined by domestic law, to empower its
competent authorities to:
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collect or record through the application of technical
means on the territory of that Party, and
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compel a service provider, within its existing technical
capability:
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to collect or record through the application of technical
means on the territory of that Party, or
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to co-operate and assist the competent authorities in the
collection or recording of,
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content data, in real-time, of specified communications in
its territory transmitted by means of a computer system
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Where a Party, due to the established principles of its
domestic legal system, cannot adopt the measures referred
to in paragraph 1.a, it may instead adopt legislative and
other measures as may be necessary to ensure the real-time
collection or recording of content data on specified
communications in its territory through the application of
technical means on that territory.
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Each Party shall adopt such legislative and other measures
as may be necessary to oblige a service provider to keep
confidential the fact of the execution of any power
provided for in this article and any information relating
to it.
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The powers and procedures referred to in this article shall
be subject to Articles 14 and 15.
OAS
Country Legislation-
Antigua and Barbuda
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Brazil
Costa Rica
Dominican Republic
Ecuador
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Artículos 150 y 155 del Codigo Procesal Penal
Guatemala
Honduras
Jamaica
Panama
St. Vincent and the Grenadines
Venezuela
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