SVG's Cybercrime Bill 2016

7/26/2019 SVG's Cybercrime Bill 2016

http://slidepdf.com/reader/full/svgs-cybercrime-bill-2016 1/19

SAINT VINCENT AND THE GRENADINES

CYBERCRIME BILL 2016

ARRANGEMENT OF SECTIONS

SECTION

PART I

PRELIMINARY

1. Short title and commencement

2. Interpretation

PART II

OFFENCES

3. Illegal access to computer system

4. Illegal remaining in computer system

5. Illegal interception

6. Illegal data interference

7. Illegal acquisition of data

8. Illegal system interference

. !ffences affecting critical infrastructure

1". Illegal de#ices

11. Identity$related crimes

12. %omputer$related forgery

13. %omputer$related fraud

14. &iolation of pri#acy

15. %hild pornography

16. 'arassment utili(ing means of electronic communication

17. Spam

18. Spoofing

PART III

INVESTIGATIONS AND PROCEDURES1. )*pedited preser#ation

2". +isclosure of traffic data

21. ,roduction order

22. %ollection of traffic data

23. Interception of content data



24. !rder for remo#al or disa-lement of data

25. imited use of data and information

26. +isclosure of details of notice or order

27. /emote forensic tools

28. !rder for payment of compensation

2. 0orfeiture

3". !rder for sei(ure and restraint

31. urisdiction

32. !ffence -y -ody corporate

33. Search and sei(ure

34. ssistance

35. Institution of criminal proceedings

36. rrest ith arrant

37. )*tradita-le offences

PART IV

LIABILITY OF INTERNET SERVICE PROVIDERS

38. o monitoring o-ligation

3. ccess pro#ider

4". 'osting pro#ider

41. %aching pro#ider

42. 'perlins pro#ider

43. Search engine pro#ider

PART V

MISCELLANEOUS

44. /egulations

S%')+)



SAINT VINCENT AND THE GRENADINES

BILL FOR

________________

ACT NO. OF 2016

I ASSENT

o#ernor $ eneral

9

AN ACT to pro#ide for the creation of offences related to cy-ercrimes and for related matters.

9

BE IT ENACTED -y the :ueen;s <ost )*cellent <a=esty> -y and ith the ad#ice and consent of the 'ouse of

ssem-ly of Saint &incent and the renadines and -y the authority of the same> as follos?

PART I

PRELIMINARY

Short tt!" #$% &o''"$&"'"$t

1. @1A Bhis ct may -e cited as the %y-ercrime ct> 2"16.

@2A Bhis ct comes into force on a day to -e appointed -y the o#ernor$eneral -y ,roclamation

pu-lished in the Gazette.

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2. In this ct C

DapparatusE includes C

@aA a computer system or part of a computer systemF or

@-A a computer data storage mediumF

DchildE means a person under the age of eighteen yearsF

Dchild pornographyE means material that C

@aA depicts or presents a child engaged in se*ual acti#ity or conductF@-A depicts or presents a child in a se*ually e*plicit poseF

@cA depicts or presents> for se*ual purposes> parts of a child;s -ody pasted to #isual representations of parts of an adult;s -ody or #ice #ersaF

@dA depicts or presents> for se*ual purposes> parts of a child;s -ody hich ha#e -een rendered

complete -y computer generated images or -y other methods of #isual representationF

@eA depicts or presents a person appearing to -e a child engaged in se*ual conductF or



@fA realistically represents a person appearing to -e a child engaged in se*ual conduct>

and includes> -ut is not limited to> any #isual material including images> animations or #ideos> or audio

or te*t material> -ut does not include any #isual representation produced or reproduced for the purpose

of education> counseling> or promotion of reproducti#e health or as part of a criminal in#estigation or prosecution or ci#il proceedings or in the laful performance of a person;s profession> duties and

functionsF

Dcomputer dataE means any representation of C

@aA factsF

@-A conceptsF

@cA information including te*t> sound> image or #ideoF or

@dA machine$reada-le code or instructions>

that is in a form suita-le for processing in a computer system and is capa-le of -eing sent> recei#ed or

stored> and includes a program that can cause a computer system to perform a functionF

Dcomputer data storage mediumE means anything in hich information is capa-le of -eing stored> or anything from hich information is capa-le of -eing retrie#ed or reproduced> ith or ithout the aid

of any other article or de#iceF

Dcomputer programE or DprogramE means data hich represents instructions or statements that> hen

e*ecuted in a computer system> can cause the computer system to perform a functionF

Dcomputer systemE means a de#ice or a group of inter$connected or related de#ices hich follos a

program or e*ternal instruction to perform automatic processing of information or electronic dataF

Dde#iceE includes C

@aA a component of a computer system such as a graphic card or memory chipF

@-A a storage component such as a hard dri#e> memory card> compact disc or tapeF

@cA input equipment such as a ey-oard> mouse> trac pad> scanner or digital cameraF or

@dA output equipment such as a printer or screenF

DelectronicE means relating to technology ha#ing> electrical> digital> magnetic> optical> -iometric>

electrochemical> ireless> electromagnetic or similar capa-ilitiesF

DfunctionE in relation to a computer system includes logic> control> arithmetic> deletion> storage or retrie#aland communication or telecommunication to> from or ithin a computerF

DhinderE in relation to a computer system includes C

@aA disconnecting the electricity supply to a computer systemF

@-A causing electromagnetic interference to a computer systemF

@cA corrupting a computer systemF and

@dA inputting> transmitting> damaging> deleting> deteriorating> altering or suppressing computer dataF

DinterceptE in relation to computer data communication includes listening to> monitoring> #ieing> reading

or recording> -y any means> such communication during transmission ithout the noledge of the

person maing or recei#ing the communicationF

Dinternet ser#ice pro#iderE includes a person ho pro#ides the ser#ices mentioned in sections 38 to 43F

D<inisterE means the <inister to hom responsi-ility for legal affairs is assignedF



Dmultiple electronic mail messagesE means any unsolicited electronic message> including electronic mail

and instant message> that is sent to more than a thousand recipients at a timeF

Dremote forensic toolsE means in#estigati#e softare or hardare installed on or attached to a computer

system that is used to perform a tas that includes eystroe logging or transmission of an internet protocol addressF

Dtraffic dataE means computer data that C

@aA relates to a communication -y means of a computer systemF

@-A is generated -y a computer system that is part of the chain of communicationF and

@cA shos the communication;s origin> destination> route> time> date> si(e> duration> or type of underlying ser#ice.

PART II

OFFENCES

I!!")#! #&&"** to &o'(+t"r *,*t"'

3. person ho> intentionally and ithout laful e*cuse or =ustification> accesses a computer system or any

part of a computer system commits an offence and is lia-le on C

@aA summary con#iction to a fine of to hundred thousand dollars or to imprisonment for three years or to

-othF

@-A con#iction on indictment to a fine of fi#e hundred thousand dollars or to imprisonment for se#en years

or to -oth.

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4. @1A person ho> intentionally and ithout laful e*cuse or =ustification> remains logged into a computer

system or part of a computer system or continues to use a computer system> commits an offence and is lia-le on C

@aA summary con#iction to a fine of to hundred thousand dollars or to imprisonment for three years or to -othF

@-A con#iction on indictment to a fine of fi#e hundred thousand dollars or to imprisonment for se#en yearsor to -oth.

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5. @1A person ho> intentionally and ithout laful e*cuse or =ustification> intercepts C

@aA any su-scri-er information or traffic data or any communication to> from or ithin a computer

systemF or

@-A any electromagnetic emission from a computer system>

commits an offence.

@2A person ho commits an offence under su-section @1A is lia-le on C

@aA summary con#iction to a fine of to hundred thousand dollars or to imprisonment for three years

or to -othF

@-A con#iction on indictment to a fine of fi#e hundred thousand dollars or to imprisonment for se#en

years or to -oth.

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6. @1A person ho> intentionally and ithout laful e*cuse or =ustification C

@aA damages computer data or causes computer data to deteriorateF



@-A deletes computer dataF

@cA alters computer dataF

@dA renders computer data meaningless> useless or ineffecti#eF

@eA o-structs> interrupts or interferes ith the laful use of computer dataF

@fA o-structs> interrupts or interferes ith a person in the laful use of computer dataF or

@gA denies access to computer data to a person authori(ed to access it>

commits an offence.



or to -othF


years or to -oth.

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7. person ho> intentionally and ithout laful e*cuse or =ustification> o-tains for himself or for another person> computer data hich is not meant for him or the other person and hich is protected against unauthori(edaccess> commits an offence and is lia-le on C

@aA summary con#iction to a fine of to hundred thousand dollars or to imprisonment for three years or to

-othF

@-A con#iction on indictment to a fine of fi#e hundred thousand dollars or to imprisonment for se#en yearsor to -oth.

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@aA hinders or interferes ith the functioning of a computer systemF or

@-A hinders or interferes ith a person ho is lafully using or operating a computer system>

commits an offence.



or to -othF

@-A con#iction on indictment to a fine of fi#e hundred thousand dollars or to imprisonment for se#enyears or to -oth.

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. @1A otithstanding the penalties set out in sections 3 to 8> here a person commits an offence under any

of those sections and the offence results in hindering or interference ith a computer system that C

@aA is e*clusi#ely for the use of critical infrastructureF or

@-A affects the use> or impacts the operation> of critical infrastructure>

the person is lia-le on con#iction on indictment to a fine of one million dollars or to imprisonment for fifteen years.

@2A 0or the purposes of this section> Dcritical infrastructureE means any computer system> de#ice> netor>

computer program> computer data> so #ital to Saint &incent and the renadines that the incapacity or destruction of>



or interference ith> such system> de#ice> netor> computer program or computer data ould ha#e a de-ilitating

impact on C

@aA security> defence or international relations of Saint &incent and the renadinesF or

@-A pro#ision of ser#ices directly related to national or economic security> -aning and financial

ser#ices> pu-lic utilities> the energy sector> communications infrastructure> pu-lic transportation>

pu-lic health and safety> or pu-lic ey infrastructure.

I!!")#! %"/&"*

1". @1A person ho produces> sells> procures for use> imports> e*ports> distri-utes or otherise maes

a#aila-le or has in his possession C

@aA a de#ice> including a computer program> that is designed or adapted for the purpose of committing

an offence under this ctF or

@-A a computer passord> access code or similar data -y hich the hole or any part of a computer

system> computer data storage medium or computer data is capa-le of -eing accessed>

ith the intent that it -e used for the purpose of committing an offence under this ct commits an offence.



or to -othF


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11. @1A person ho> intentionally and ithout laful e*cuse or =ustification transfers> possesses or uses a

means of identification> other than his on> ith the intent of committing> or aiding or a-etting> the commission of>

an unlaful act through the use of a computer system commits an offence.


@aA summary con#iction to a fine of to hundred thousand dollars or to imprisonment for three yearsor to -othF


Co'(+t"rr"!#t"% -or)"r,

12. @1A person ho> intentionally and ithout laful e*cuse or =ustification inputs> alters> deletes> or

suppresses computer data> resulting in inauthentic data ith the intent that it -e considered or acted upon for legal

purposes as if it ere authentic> regardless of hether or not the computer data is directly reada-le and intelligi-lecommits an offence.


@aA summary con#iction to a fine of to hundred thousand dollars or to imprisonment for three yearsor to -othF


years or to -oth.

@3A person ho commits an offence under su-section @1A -y sending out multiple electronic mail

messages from or through a computer system is lia-le on con#iction to a fine of ten thousand dollars and

imprisonment for three years in addition to the penalty set out in su-section @2A.



Co'(+t"rr"!#t"% -r#+%

13. @1A person ho> intentionally and ithout laful e*cuse or =ustificationC

@aA inputs> alters> deletes or suppresses computer dataF or

@-A interferes ith the functioning of a computer system>

ith the fraudulent or dishonest intent of procuring an economic -enefit for himself or another person and there-ycauses a loss of> or damage to> property commits an offence.



or to -othF


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14. @1A person ho> intentionally and ithout laful e*cuse or =ustificationC

@aA capturesF

@-A stores in> or pu-lishes or transmits through a computer system>

the image of a pri#ate area of another person ithout his consent here the other person has a

reasona-le e*pectation that C

@iA he could disro-e in pri#acyF or

@iiA his pri#ate area ould not -e #isi-le to the pu-lic> regardless of hether he is in a pu-lic or pri#ate place>

commits an offence.

@2A person ho commits an offence under su-section @1A is lia-le onC

@aA summary con#iction to a fine of one hundred thousand dollars or to imprisonment for to years or to -othF

@-A con#iction on indictment to a fine of to hundred and fifty thousand dollars or to imprisonment

for fi#e years or to -oth.

@3A 0or the purposes of this section C

DcaptureE in relation to an image> means to #ideotape> photograph> film or record -y any meansF

Dpri#ate areaE means the genitals> pu-ic area> -uttocs or -reastF

Ch!% (or$o)r#(h,

15. @1A person ho> intentionally C

@aA produces child pornography for the purpose of its distri-ution through a computer systemF@-A offers to mae a#aila-le child pornography through a computer systemF

@cA distri-utes or transmits child pornography through a computer systemF

@dA procures or o-tains child pornography through a computer system for himself or another personF

@eA possesses child pornography in a computer system or on a computer data storage mediumF or

@fA o-tains access to child pornography through information and communication technologies>



commits an offence.


@aA summary con#iction to a fine of three hundred thousand dollars or to imprisonment for three years

or to -othF

@-A con#iction on indictment to a fine of fi#e hundred thousand dollars or to imprisonment for tentyyears or to -oth.

H#r#**'"$t +t!$) '"#$* o- "!"&tro$& &o''+$&#to$

16. @1A person ho uses a computer system to cy-er-ully> intentionally or reclessly> another person

commits an offence.

@2A person ho uses a computer system to disseminate any information> statement or image> noing

the same to -e false> and ho C

@aA damages the reputation of another personF or

@-A su-=ects another person to pu-lic ridicule> contempt> hatred or em-arrassment>

commits an offence.

@3A person ho> intentionally or reclessly C

@aA uses a computer system to disseminate any information> statement or imageF and

@-A e*poses the pri#ate affairs of another person> there-y su-=ecting that other person to pu-lic

ridicule> contempt> hatred or em-arrassment>

commits an offence.

@4A person ho commits an offence under this section is lia-le on C

@aA summary con#iction to a fine of one hundred thousand dollars or to imprisonment for to years or

to -othF

@-A con#iction on indictment to a fine of to hundred thousand dollars or to imprisonment for fi#e

years or to -oth.

@5A 0or the purpose of this section> Dcy-er-ullyE means to use a computer system repeatedly or

continuously to con#ey information hich causes C

@aA fear> intimidation> humiliation> distress or other harm to another personF or

@-A detriment to another person;s health> emotional ell$-eing> self$esteem or reputation.

S(#'


@aA initiates the transmission of multiple electronic mail messages from or through a computer systemF

or

@-A uses a computer system to relay or retransmit multiple electronic mail messages> ith the intent todecei#e or mislead a user or internet ser#ice pro#ider as to the origin of such messages>

and there-y causes harm to a person or damage to a computer system commits an offence.

@2A person ho intentionally falsifies the header information of an electronic mail message for the

purpose of committing an offence under su-section @1A commits an offence.

@3A person ho commits an offence under this section is lia-le on C




to -othF

@-A con#iction on indictment to a fine of to hundred thousand dollars or to imprisonment for fi#e

years or to -oth.

S(oo-$)

18. @1A person ho esta-lishes a e-site or sends an electronic mail message ith a counterfeit source C

@aA ith the intention that a #isitor to a computer system or recipient of an electronic mail message

ill -elie#e it to -e an authentic sourceF or

@-A to attract or solicit a person or computer system>

for the purpose of gaining unauthori(ed access to commit a further offence or o-tain information hich can -e used

to commit an unlaful act> commits an offence.



to -othF

@-A con#iction on indictment to a fine of to hundred thousand dollars or to imprisonment for fi#eyears or to -oth.

PART III

INVESTIGATIONS AND PROCEDURES

E("%t"% (r"*"r/#to$

1. @1A udge may> if satisfied on an ex parte application -y a police officer that there is reasona-le ground

to -elie#e that computer data that is reasona-ly required for the purpose of a criminal in#estigation or criminal

proceedings is #ulnera-le to loss or modification> authorise the police officer to require a person in control of the

computer data> -y notice in riting> to preser#e the data for a period not e*ceeding ninety days as is specified in thenotice.

@2A udge may> on ex parte application -y a police officer> authorise an e*tension of the period referredto in su-section @1A -y a further period not e*ceeding ninety days.

D*&!o*+r" o- tr#--& %#t#

2". udge may> if satisfied on an ex parte application -y a police officer that there is reasona-le ground to -elie#e that computer data stored in a computer system is reasona-ly required for the purpose of a criminal

in#estigation or criminal proceedings> require a person to disclose sufficient traffic data a-out a specified

communication to identify C

@aA the internet ser#ice pro#iderF or

@-A the path>

through hich the communication as transmitted.

Pro%+&to$ or%"r

21. udge may> if satisfied on an ex parte application -y a police officer that computer data> a printout or

other information> is reasona-ly required for the purpose of a criminal in#estigation or criminal proceedings> order C

@aA a person in Saint &incent and the renadines in control of a computer system> to produce from the

computer system specified computer data or a printout or other intelligi-le output of the computer dataF

or



@-A an internet ser#ice pro#ider in Saint &incent and the renadines> to produce information a-out a

person ho su-scri-es to or otherise uses its ser#ice.

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22. @1A udge> if satisfied on an ex parte application -y a police officer that there is reasona-le ground to

-elie#e that traffic data associated ith a specified communication is reasona-ly required for the purpose of a

criminal in#estigation or criminal proceedings> may order a person in control of the traffic data to C

@aA collect or record traffic data associated ith a specified communication during a specified periodF

or

@-A permit and assist a specified police officer to collect or record that data.

@2A udge> if satisfied on an ex parte application -y a police officer that there is reasona-le ground to

-elie#e that traffic data is reasona-ly required for the purpose of a criminal in#estigation> may authori(e a police

officer to collect or record traffic data associated ith a specified communication during a specified period through

application of technical means.

I$t"r&"(to$ o- &o$t"$t %#t#

23. udge> if satisfied on an ex parte application -y a police officer that there is reasona-le ground to -elie#e

that the content of electronic communications is reasona-ly required for the purpose of a criminal in#estigation or criminal proceedings> may C

@aA order an internet ser#ice pro#ider in Saint &incent and the renadines through application of technicalmeans to collect or record or to permit or assist competent authorities ith the collection or recording

of content data associated ith specified communications transmitted -y means of a computer systemF

or

@-A authori(e a police officer to collect or record content data through application of technical means.

Or%"r -or r"'o/#! or %*#3!"'"$t o- %#t#

24. If a udge is satisfied> on an ex parte application -y a police officer> that an internet ser#ice pro#ider or any

other entity ith a domain name ser#er is storing> transmitting or pro#iding access to computer data in contra#ention

of this ct or any other ritten la> the udge may order the internet ser#ice pro#ider or other entity ith a domain

name ser#er> to remo#e> or disa-le access to> the computer data.

L't"% +*" o- %#t# #$% $-or'#to$

25. person ho uses or discloses data o-tained under this ,art for any purpose other than that for hich the

data as originally sought e*cept C

@aA in accordance ith any other ritten laF

@-A in compliance ith an order of a udgeF

@cA here the data is required for the purpose of pre#enting> detecting or in#estigating offences or

apprehending or prosecuting offendersF

@dA for the pre#ention of in=ury or other damage to the health of a person or serious loss or damage to

propertyF or

@eA in the pu-lic interest>

commits an offence and is lia-le> on con#iction> to a fine of one hundred thousand dollars or to imprisonment for

to years or to -oth.

D*&!o*+r" o- %"t#!* o- $ot&" or or%"r

26. If a notice under section 1 or an order under section 21 stipulates that confidentiality is to -e maintainedor an o-ligation of confidentiality is required to -e maintained -y la> a person ho is the su-=ect of the notice or

order and ho intentionally and ithout laful e*cuse or =ustification discloses C



@aA the fact that the notice or order has -een madeF

@-A the details of the notice or orderF

@cA anything done under the notice or orderF or

@dA any data collected or recorded under the notice or orderF

commits an offence and is lia-le> on con#iction> to a fine of one hundred thousand dollars or to imprisonment for to years or to -oth.

R"'ot" -or"$*& too!*4

S&h"%+!"

27. @1A If a udge is satisfied on ex parte application -y a police officer> that there is reasona-le ground to

-elie#e that computer data hich is required for the purpose of a criminal in#estigation into an offence listed in theSchedule> cannot -e collected ithout the use of a remote forensic tool> the udge may authorise a police officer>

ith such assistance as may -e necessary> to utili(e a remote forensic tool for the in#estigation.

@2A n application under su-section @1A shall contain the folloing information C

@aA the name and if possi-le> the address> of the person ho is -elie#ed of committing the offenceF

@-A a description of the targeted computer systemF

@cA a description of the required tool> and the e*tent and duration of its utili(ationF and

@dA reason for the use of the tool.

@3A Ghere an application is made under su-section @1A> the udge may order that an internet ser#ice

pro#ider support the installation of the remote forensic tool.

@4A Ghere a remote forensic tool is utili(ed under this section C

@aA modifications to a computer system shall -e limited to those that are necessary for the

in#estigationF

@-A modifications to a computer system shall -e undone> so far as possi-le> after the in#estigationF and

@cA the folloing information shall -e logged C

@iA the technical means usedF

@iiA the time and date of the applicationF

@iiiA the identification of the computer system and details of the modification undertaenF and

@i#A the information o-tained.

@5A Bhe police officer responsi-le for a criminal in#estigation in hich a remote forensic tool is utili(edunder this section shall ensure that any information o-tained -y the utili(ation of the remote forensic tool is

protected against modification> unauthori(ed deletion and unauthori(ed access.

@6A n authori(ation that is granted under this section shall cease to apply here C

@aA the computer data sought is collectedF

@-A there is no longer any reasona-le ground for -elie#ing that the computer data sought e*istsF or

@cA the conditions of the authori(ation are no longer present.

@7A Bhe <inister may> -y order pu-lished in the Gazette> amend the Schedule.

@8A 0or the purpose of this section> Dutili(eE includes C

@aA accessing a computer systemF



@-A de#eloping a remote forensic toolF

@cA adopting a remote forensic toolF or

@dA acquiring a remote forensic tool.

Or%"r -or (#,'"$t o- &o'("$*#to$

28. @1A Ghere a person is con#icted of an offence under this ct and the court -efore hich the person iscon#icted is satisfied that another person has suffered loss or damage -ecause of the commission of the offence> the

court> may in addition to any penalty imposed under this ct> order the person con#icted to pay a fi*ed sum as

compensation to that other person for the loss or damage caused or liely to -e caused as a result of the commission

of the offence.

@2A n order made under su-section @1A shall -e ithout pre=udice to any other remedy hich the person

ho suffered the loss or damage may ha#e under any other la.

@3A Bhe court may mae an order under this section of its on motion or upon application of a person ho

has suffered the loss or damage as a result of the commission of the offence.

@4A person ho maes an application under su-section @3A shall do so -efore sentence is passed on the person against hom the order is sought.

@5A 0or the purposes of this section> computer data held in an apparatus is deemed to -e the property of theoner of the apparatus.

For-"t+r"

2. @1A Su-=ect to su-section @2A> here a person is con#icted of an offence under this ct> the court -efore

hich the person is con#icted may order that any property C

@aA used for or in connection ithF or

@-A o-tained as a result of or in connection ith>

the commission of the offence> -e forfeited to the %ron.

@2A Hefore maing an order under su-section @1A> the court shall gi#e an opportunity to -e heard to any

person ho claims to -e the oner of the property or ho appears to the court to ha#e an interest in the property.@3A ,roperty forfeited to the %ron under this section shall #est in the %ron C

@aA if no appeal is made against the order> at the end of the period ithin hich an appeal may -e

made against the orderF or

@-A if an appeal has -een made against the order> on the final determination of the matter> here the

decision is made in fa#our of the %ron.

@4A Ghere property is forfeited to the %ron under this section> it shall -e disposed of in the prescri-ed

manner.

Or%"r -or *"+r" #$% r"*tr#$t

3". Ghere an ex parte application is made -y the +irector of ,u-lic ,rosecutions to a udge and the udge is

satisfied that there is reasona-le ground to -elie#e that there is in any -uilding> place or #essel> any property inrespect of hich a forfeiture order under section 31 has -een made> the udge may issue C

@aA a arrant authori(ing a police officer to search the -uilding> place or #essel for that property and tosei(e that property if found> and any other property in respect of hich the police officer -elie#es> on

reasona-le grounds> that a forfeiture order under section 31 may -e madeF or

@-A a restraint order prohi-iting any person from disposing of> or otherise dealing ith any interest in> the

property> other than as may -e specified in the restraint order.



5+r*%&to$

31. @1A court in Saint &incent and the renadines has =urisdiction in respect of an offence under this ct

here the act constituting the offence is carried out C

@aA holly or partly in Saint &incent and the renadinesF

@-A holly or partly on -oard a #essel or aircraft registered in Saint &incent and the renadinesF

@cA holly or partly outside Saint &incent and the renadines> -y a citi(en of Saint &incent and therenadines or -ody corporate incorporated under the las of Saint &incent and the renadinesF or

@dA holly or partly outside Saint &incent and the renadines> -y a person other than a citi(en if the

person;s conduct ould also constitute an offence under a la of the country here the offence

as committed.

@2A 0or the purposes of su-section @1A @aA> an act is carried out in Saint &incent and the renadines if C

@aA the person is in Saint &incent and the renadines at the time the act is committedF

@-A a computer system located in Saint &incent and the renadines or computer data on a computer data storage medium located in Saint &incent and the renadines is affected -y the actF or

@cA the effect of the act> or the damage resulting from the act> occurs ithin Saint &incent and therenadines.

O--"$&" 3, 3o%, &or(or#t"

32. Ghere a -ody corporate commits an offence under this ct and a court is satisfied that a director> manager>

secretary or other similar officer of the -ody corporate or> or any person ho purports to act in such capacity C

@aA conni#ed in or consented to the commission of the offenceF or

@-A failed to e*ercise due diligence to pre#ent the commission of the offence>

the director> manager> secretary or other similar officer or person purporting to act in that capacity also commits theoffence.

S"#r&h #$% *"+r"

33. @1A udge> if satisfied on the -asis of an affida#it that there is reasona-le ground to -elie#e that there is

in a place an apparatus or computer data C

@aA that may -e material as e#idence in pro#ing an offence under this ctF or

@-A that has -een acquired -y a person as a result of an offence under this ctF

may issue a arrant authori(ing a police officer> ith such assistance as may -e necessary> to enter the place tosearch for and sei(e the apparatus or computer data.

@2A If the police officer ho is undertaing a search under this section has reasona-le grounds to -elie#e

that C

@aA the computer data sought is stored in another computer systemF or

@-A part of the computer data sought is in another place in Saint &incent and the renadines

and that such computer data is lafully accessi-le from or a#aila-le to the first computer system> the police officer

may e*tend the search and sei(ure to the other computer system.

@3A In the e*ecution of a arrant under this section> a police officer may> in addition to the poers

conferred on him -y the arrant C



@aA acti#ate an onsite computer system or computer data storage mediumF

@-A mae and retain a copy of computer dataF

@cA remo#e computer data in a computer system or render it inaccessi-leF

@dA tae a printout or output of computer dataF

@eA impound or similarly secure a computer system or part of it or a computer data storage mediumF or

@fA remo#e a computer system or computer data storage medium from its location.

@3A Bhe police officer ho undertaes a search under this section shall secure any apparatus and maintain

the integrity of any computer data that is sei(ed.

A***t#$&"

34. @1A person ho has noledge a-out the functioning of the computer system or measures applied to protect the computer data stored in the computer system that is the su-=ect of a search arrant shall> if requested -y

the police officer authori(ed to undertae the search> assist the police officer -y C

@aA pro#iding information that facilitates the search for and sei(ure of the apparatus and computer data

soughtF

@-A accessing and using an apparatus to search computer data hich is stored in> or lafully accessi-le

from or a#aila-le to> that systemF

@cA o-taining and copying the computer dataF and

@dA o-taining an intelligi-le output from an apparatus in a format that is admissi-le for the purpose of

legal proceedings.

@2A person ho fails to comply ith this section commits an offence and is lia-le> on con#iction> to a

fine of one hundred thousand dollars or imprisonment for to years or to -oth.

I$*tt+to$ o- &r'$#! (ro*"&+to$

35. prosecution for an offence under this ct shall -e instituted -y> or ith the ritten consent of> the+irector of ,u-lic ,rosecutions.

Arr"*t th #rr#$t

36. police officer not -elo the ran of superintendent may> ith a arrant> arrest a person reasona-ly

-elie#ed of committing an offence under this ct.

Etr#%t#3!" o--"$&"*4

C#(. 178

37. n offence under ,art II is an e*tradita-le offence for hich e*tradition may -e granted or o-tained under

the 0ugiti#e !ffenders ct.

PART IV

LIABILITY OF INTERNET SERVICE PROVIDERS

No 'o$tor$) o3!)#to$

38. @1A Su-=ect to su-section @2A> an internet ser#ice pro#ider ho pro#ides a conduit for the transmission of

information> is not responsi-le for C

@aA monitoring the information hich it transmits or stores on -ehalf of another person in order to

ascertain hether its processing ould constitute or gi#e rise to lia-ility under this ctF or

@-A acti#ely seeing facts or circumstances indicating illegal acti#ity in order to a#oid lia-ility under

this ct.



@2A Su-section @1A does not relie#e an internet ser#ice pro#ider from complying ith any court order>

in=unction> rit or other legal requirement> hich o-liges an internet ser#ice pro#ider to terminate or pre#ent an

infringement -ased on any ritten la.

A&&"** (ro/%"r

3. @1A n access pro#ider is not lia-le under this ct for pro#iding access and transmitting information if the

access pro#ider does notC

@aA initiate the transmissionF

@-A select the recei#er of the transmissionF or

@cA select or modify the information contained in the transmission.

@2A 0or the purpose of this section C

Daccess pro#iderE means a person ho pro#ides a ser#ice to facilitate the transmission of computer

data -eteen to or more computer systems -y transmitting information pro#ided -y or to a user

of the ser#ice in a communication netor or pro#ides access to a communication netorF

Dcommunication netorE means a set of de#ices or nodes connected -y communication lins> hichis used to pro#ide for the transfer of computer data -eteen users located at #arious points or other

similar ser#icesF and

DtransmitE or Dpro#ide accessE includes the automatic> intermediate and transient storage of

information transmitted in so far as it taes place for the sole purpose of carrying out thetransmission in the communication netor> and pro#ided that the information is not stored for a

period longer than is reasona-ly necessary for the transmission.

Ho*t$) (ro/%"r

4". @1A hosting pro#ider is not lia-le under this ct for the storage of information in contra#ention of thisct if C

@aA the hosting pro#ider e*peditiously remo#es or disa-les access to the information after recei#ing an

order from a court to remo#e specific illegal information storedF or

@-A upon o-taining noledge or aareness a-out specific illegal information stored -y other aysthan an order from a court> the hosting pro#ider e*peditiously informs the ttorney$eneral toena-le the ttorney$eneral to e#aluate the nature of the information and if necessary apply to a

court for an order to remo#e the content.

@2A Bhis section shall not apply hen the user of the ser#ice is acting under the authority or the control of

the hosting pro#ider.

@3A If the hosting pro#ider remo#es information after recei#ing an order under su-section @1A he is

e*empted from contractual o-ligations ith his customer to ensure the a#aila-ility of the ser#ice.

@4A 0or the purpose of this section C

Dhosting pro#iderE means a person ho pro#ides a ser#ice to facilitate the transmission of computer

data -eteen to or more computer systems -y storing information pro#ided -y a user of his

ser#ice.

C#&h$) (ro/%"r

41. @1A caching pro#ider is not lia-le for the storage of information in contra#ention of this ct if the

caching pro#ider C

@aA does not modify the stored informationF

@-A complies ith conditions of access to the stored informationF



@cA updates stored information in accordance ith any ritten la or in a manner idely recogni(ed

and used in the information communication technology industryF

@dA does not interfere ith the laful use of technology> idely recogni(ed and used -y the

information communication technology industry> to o-tain data on the use of the informationF and

@eA acts e*peditiously to remo#e or to disa-le access to the information the caching pro#ider has

stored upon o-taining noledge of the fact that C

@iA the stored information at the initial source of the transmission has -een remo#ed from the

netorF

@iiA access to the stored information has -een disa-ledF or

@iiiA a court has ordered the remo#al or disa-lement of the stored information.


Dcaching pro#iderE means a person ho pro#ides a ser#ice to facilitate the transmission of computer

data -eteen to or more computer systems -y the automatic> intermediate and temporary storage

of information> here such storage is for the sole purpose of maing the onard transmission of the information to other users of the ser#ice more efficient.

H,("r!$9* (ro/%"r

42. @1A pro#ider ho ena-les the access to information pro#ided -y another person -y pro#iding an

electronic hyperlin is not lia-le for the information that is in contra#ention of this ct if the pro#iderC

@aA e*peditiously remo#es or disa-les access to the information after recei#ing an order from a court

to remo#e the linF or

@-A upon o-taining noledge or aareness> -y ays other than an order from a court> e*peditiously

informs the ttorney$eneral to ena-le the ttorney eneral to e#aluate the nature of theinformation and if necessary apply to a court for an order to remo#e the content.


DhyperlinE means a characteristic or property of an element such as a sym-ol> ord> phrase> sentence>

or image that contains information a-out another source and points to and causes to displayanother document hen e*ecuted.

S"#r&h "$)$" (ro/%"r

43. pro#ider ho operates a search engine that either automatically or -ased on entries -y others> creates an

inde* of internet$related content or> maes a#aila-le electronic tools to search for information pro#ided -y another

person> is not lia-le under this ct for the search results on condition if the pro#ider C

@aA does not initiate the transmissionF

@-A does not select the recei#er of the transmissionF or

@cA does not select or modify the information contained in the transmission.

PART V

MISCELLANEOUS

R")+!#to$*

44. Bhe <inister may mae regulations for the purpose of prescri-ing all matters that are required to -e

prescri-ed under this ct and for such other matters as may -e necessary for gi#ing full effect to this ct and for its

proper administration.



SCHEDULE

:*"&to$ 27;

OFFENCES

1. Breason.

2. 'igh Breason.

3. <urder.

4. <anslaughter.

5. !ffences in#ol#ing a-duction or idnapping.

6. +rug trafficing> namely C

@aA offences under the +rugs @,re#ention of <isuseA ctF

@-A offences under the +rug Brafficing !ffences ct.

7. nlaful possession of a firearm or ammunition.

8. !ffences under the nti$Berrorist and ,roliferation ct 2"15.

. !ffences under the ,roceeds of %rime ct 2"13.

1". !ffences under the ,re#ention of Brafficing in ,ersons ct 2"11.

11. !ffences in#ol#ing child pornography.

12. !ffences in#ol#ing fraud.

,assed in the 'ouse of ssem-ly this day of 2"16.

%ler of the 'ouse of ssem-ly.



OB5ECTS AND REASONS

Bhis Hill sees to pro#ide for the creation of offences related to cy-ercrimes and for related matters. 0or the most

part> the offences created and the procedural mechanisms are deri#ed from the Hudapest %on#ention on %y-ercrime.

+r. the 'on. /alph onsal#es

,rime <inister> <inister of 0inance

ational Security> egal ffairs> renadines ffairs and the

,u-lic Ser#ice

Documents

SVG's Cybercrime Bill 2016