Progress in information technology offers people a broad spectrum of new possibilities. On the other hand, there is a danger of misuse. A new variant of crime has spread around the world: cybercrime. To protect against it, the Council of Europe has negotiated a new Convention on Cybercrime, which Liechtenstein plans to ratify.

The Internet attracts all of them: Terrorist groups, porn and pedophile rings, drug and arms dealers, and human traffickers use global networking just like credit card fraudsters or criminal money-laundering systems. The use of computer systems and electronic networks has brought society many advantages, but has also made it more vulnerable. Since abuse does not stop at national borders, the Council of Europe has negotiated a new Convention on Cybercrime.

The purpose of the Convention is to combat crime in connection with modern information technologies, and it seeks to harmonize legislation relating to cybercrime in individual countries. The Council of Europe Convention on Cybercrime, which entered into force in 2004, is the first international treaty so far against cybercrime. The Convention is also open to countries not belonging to the Council of Europe. Through an additional protocol, the Council of Europe Convention also creates a legal instrument to combat terrorism and extends its scope to offenses of a racist and xenophobic nature.

Liechtenstein has decided to ratify the Convention against Cybercrime and is adjusting its domestic law to the requirements under the Convention. The Criminal Code will now punish offenses connected with cybercrime, such as violations of copyright law, computer fraud, child pornography, and violations of the security of electronic networks. In contrast to the criminal offenses set out in the Convention, which will be included in the Criminal Code, the Government does not believe that legislative amendments are necessary for implementation of the additional protocol: Combating terrorism and racism are already covered by existing Liechtenstein law.

This Government is convinced that ratification of this Council of Europe Convention is necessary to prevent acts against confidentiality and accessibility of computer systems, networks, and data. It also believes that effective suppression of the crimes within the scope of the Convention is urgently needed. Since the Liechtenstein Criminal Code is based on the Austrian model, defense measures against cybercrime will be carried out in conformity with the Austrian Criminal Code. The draft law amending the Criminal Code, which the Government has circulated for consultations until the end of 2009, includes a legal definition of the terms "computer system" and "data", in order to prevent legal uncertainties. Unlawful access to computer systems, known as "hacking", will be subject to new criminal provisions. The abusive interception of data will also be punished as a violation of communication secrecy. Disruptions of the functionality of computer systems and the misuse of computer programs will henceforth also be punishable. Data forgery will be subject to sanctions, analogous to traditional forgery of documents. Finally, the production of false data and the falsification of true data are also included as criminal offenses.

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