T-CY guidance note #8 spam

3 Dec 2014

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Manuals and Handbooks

The Cybercrime Convention Committee (T-CY) decided to issue Guidance Notes aimed at facilitating the effective use and implementation of the Budapest Convention on Cybercrime, also in the light of new legal, policy and technological developments. This guidance note addresses the issue of spam. The Budapest Convention uses “Technology-neutral language” so that substantive criminal law offences can be applied to a wide range of technologies, which is useful because it ensures that the convention covers new types of malware and crime. This Guidance Note shows how different Articles of the Convention apply to spam. Some issues contain: The content of spam, the action of sending spam, the mechanism used to send spam, type of spam, illegal spam (spam that contains malware), computer related fraud, data interference, etc.