Cuestionario Delito Cibernetico

PERMANENT COUNCIL OF THE OEA/Ser.G ORGANIZATION OF AMERICAN STATES GE/REMJA/doc.71/01 22 October 2001 Special Group to Implement the Recommendations Original: Spanish of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas

FOURTH MEETING OF MINISTERS OF JUSTICE OR OF MINISTERS OR OF ATTORNEYS GENERAL OF THE AMERICAS

Draft Questionnaire to ensure Follow-up of the Implementation of the Recommendations adopted in the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas FOURTH MEETING OF MINISTERS OF JUSTICE OR OF MINISTERS OR ATTORNEYS GENERAL OF THE AMERICAS

Draft Questionnaire to ensure Follow-up of the Implementation of the Recommendations adopted in the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas ______

Introduction

The purpose of the following questionnaire is to ensure that follow-up is being done on the implementation of the recommendations of the Group of Government Experts, adopted at the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, in the framework of the OAS.

 “Identify one or more agencies, within each country, that will have primary authority and responsibility to investigate and prosecute cyber-crime.”

1. Has your country identified one or more agencies that will have primary authority and responsibility to investigate and prosecute cyber-crime?.

YES ____ NO____

If yes, please provide the following information:

 Contact name:______ Agency/office:______ Mailing Address:______ Telephone: ______Fax:______E-mail:______

 “Take steps to enact legislation covering cyber crime, if they have not already done so.”

 “Make every effort to harmonize their laws on cyber crime in such way as to facilitate international cooperation in preventing and combating these illicit activities.” - 2 -

2. Does your national system of laws and regulations provide for legislation designed to investigate and to sanction cyber-crime?.

YES ____ NO____

a) If yes, please, indicate any specific provisions under your national law, briefly describe them, and enclose a copy of them.

b) If not, are there any current law reform proposals that would implement legislation to investigate and to sanction cyber-crime? .

YES ____ NO____

If yes, please describe any proposal and their status.

 “Determine training needs in the areas of cyber-crime and explore bilateral, regional, and multilateral cooperation mechanisms to meet those needs.”

3. Has your country identified its training needs for officials involved in the areas of cyber- crime as well as any technical assistance you would need in implementing any training programs?

YES ____ NO____

If yes, please, indicate the way in which those needs were identified and, to the extent possible, enclose a copy of the relevant documentation. ______

4. Which public officials does your country consider, should be targeted by the training programs on cyber-crime?.

a) Prosecutors b) Judges c) Both d) Other public officials *; please, specify. - 3 -

 “Consider the possibility of becoming members of the 24-Hour/7-Day a Week Point of Contact Group, or participating in other existing programs for cooperation or the exchange of information in order to initiate or receive information.”

5. Has your country become a member of the 24-Hour/7-Day a Week Point of Contact Group, or are you participating in other existing programs for cooperation or the exchange of information on cyber-crime? .

YES ____ NO____

If yes, please, indicate the program or programs your country is participating in______

______

 “Take steps to heighten awareness among the public, including users in the education system, the legal system, and the justice system regarding the need to prevent and combat cyber-crime.”

6. Has your country taken steps to heighten awareness among the public, including users in the education system, the legal system, and the justice system regarding the need to prevent and combat cyber crime? .

YES ____ NO____

If yes, please, indicate the adopted measures.

______

 “The need to draw up general guidelines to orient national efforts in the field of cyber- crime through, for instance, the development of model legislation or other pertinent legal instruments and training programs. “ - 4 -

7. Which of the following legal instruments does your country consider could strengthen hemispherical cooperation against cyber-crime?.

a) negotiation of a Treaty on cyber-crime:

YES ____ NO____

b) the development of model legislation:

YES ____ NO____

c) both (Convention and model legislation)

YES ____ NO____

Please, provide the following information about the official whom we could contact regarding this questionnaire:

 ( ) Mr. ______ ( ) Mrs. ______ Title/position: ______ Agency/office:______ Mailing address: ______ Telephone: ______Fax: ______E-mail:____

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