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OAS MEMBER STATE LEGISLATION  

        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
  • PROCEDURAL CYBER-CRIME LEGISLATION 
    • Expedited Preservation of  Stored Computer Data

        •          Council of Europe Convention on Cyber-Crime Definition

        • Article 16 – Expedited Preservation of  Stored Computer Data

          • Each Party shall adopt such legislative and other measures as may be necessary to enable its competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data, that has been stored by means of a computer system, in particular where there are grounds to believe that the computer data is particularly vulnerable to loss or modification.

          • Where a Party gives effect to paragraph 1 above by means of an order to a person to preserve specified stored computer data in the person’s possession or control, the Party shall adopt such legislative and other measures as may be necessary to oblige that person to preserve and maintain the integrity of that computer data for a period of time as long as necessary, up to a maximum of ninety days, to enable the competent authorities to seek its disclosure. A Party may provide for such an order to be subsequently renewed

          • Each Party shall adopt such legislative and other measures as may be necessary to oblige the custodian or other person who is to preserve the computer data to keep confidential the undertaking of such procedures for the period of time provided for by its domestic law

          • The powers and procedures referred to in this article shall be subject to Articles 14 and 15

        • OAS Country Legislation

    • Expedited Preservation and Partial Disclosure of Traffic Data
    • Production Order

        • Council of Europe Convention on Cyber-Crime Definition

        • Article 18 – Production Order

          • Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order

            • 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

            • 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.

          • The powers and procedures referred to in this article shall be subject to Articles 14 and 15

          • For the purpose of this article, the term “subscriber information” means any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which can be established

            • the type of communication service used, the technical provisions taken thereto and the period of service;

            • the subscriber’s identity, postal or geographic address, telephone and other access number, billing and payment information, available on the basis of the service agreement or arrangement;

            • any other information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

        • OAS Country Legislation
    • Search and Seizure of Stored Computer Data
    • Real-time Collection of Traffic Data

        • Council of Europe Convention on Cyber-Crime Definition

        • Article 20 – Real-time Collection of Traffic Data

          • Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to:

            • collect or record through the application of technical means on the territory of that Party, and

            • compel a service provider, within its existing technical capability:

              • to collect or record through the application of technical means on the territory of that Party; or

              • to co-operate and assist the competent authorities in the collection or recording of,

              • traffic data, in real-time, associated with specified communications in its territory transmitted by means of a computer system.

          • 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

          • 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.

          • The powers and procedures referred to in this article shall be subject to Articles 14 and 15.

        • OAS Country Legislation
    • Interception of Content Data
     

    • National Legislation

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