New Technologies in International Law / Tymofeyeva, Crhák et al.

dramatically. As part of the criticism, it was pointed out that such a formulation could prevent the production not only of devices that could be used exclusively for hacking but also of devices that could only potentially be used for such purposes. Ad absurdum , it could be argued that, based on such a wording, one could probably argue for a ban on the use of computers, which would certainly solve the problem of cybercrime. Of course, this article is not rescued by the statement in paragraph 2 exempting from liability the creator, purchaser or seller who does not act with malicious intent. Such an exemption might as well not exist, as it is entirely discretionary and de facto does not solve any problem. This provision has also been fully “recycled” in DC. 5. Possible expansion of scope The above enumeration is not a complete recounting of the structure of the crimes enumerated in BC and DC. Both pieces of legislation include several other crimes, particularly those related to sexual offenses and child pornography. However, they do not represent, to any significant extent, an illustration of a cyberattack per se. In fact, they focus only on the effects, not the methods. And it is the methods that are the focus of this study. It should be pointed out, however. that currently 11 crimes can be identified on DC soil. In the first proposals they appeared around 30. This is a significant reduction, which should be considered rather favorable. After all, excessive casuistry can contribute to far-reaching violations by law enforcement agencies of countries that do not guarantee a high level of protection of human and civil rights. It should be pointed out, however, that a certain dangerous casuistry has been encoded in the structure of the DC. It is mentioned firstly in paragraph 3 of the preamble and secondly in Article 17. According to Article 3 of the DC preamble, states are concerned about the impact that information technology has on the commission of other crimes, particularly those with a terrorist background. Article 17 mandates that States Parties adapt their laws to ensure that offenses recognized in international conventions also apply to crimes committed using computer systems or information and communications technology devices. Both provisions seem harmless, but express a certain tendency, to leave the catalogue of activities covered by the convention and the exchange of information provided for therein, which can be dangerous. This is because it allows States to expand the scope of the Convention virtually at will. 6. Effectiveness of proposed approach To begin with, to evaluate the effectiveness of the adopted mechanism, it is important to provide a clear definition. The approach, which was proposed over 20 years ago in BC, relied on an enumerated list of cybercrime types. The approach discussed has been fully embraced on DC grounds. It is assumed in this text that this was a deliberate approach, and that the creators of the Convention intended to define the characteristics of a cyber attack in this manner. Therefore, it is necessary to assess how successful this approach will be, based on the argumentation. This section of the paper will present

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