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Recommendation 2077 (2015)

Increasing co-operation against cyberterrorism and other large-scale attacks on the Internet

Author(s): Parliamentary Assembly

Origin - Assembly debate on 26 June 2015 (27th Sitting) (see Doc. 13802, report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Hans Franken). Text adopted by the Assembly on 26 June 2015 (27th Sitting).

1. The Parliamentary Assembly refers to its Resolution 2070 (2015) on increasing co-operation against cyberterrorism and other large-scale attacks on the Internet.
2. It emphasises the importance for the Council of Europe to address the globally growing challenge to the security of computer networks posed by cyberterrorism and other forms of large-scale attacks on and through computer systems, which represent a serious threat to the national security, public safety or economic well-being of States.
3. The Assembly recommends that the Committee of Ministers:
3.1. invite the Parties to the Convention on Cybercrime (ETS No. 185) and its Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189) to study whether it is feasible to:
3.1.1. draft an additional protocol defining a common level of criminalisation of large-scale cyberattacks, including aggravating circumstances of those attacks as well as minimum standards for penalties for such attacks;
3.1.2. draft another additional protocol on mutual assistance regarding investigative powers, extending in particular the scope and application of Article 32 of the convention, in accordance with the respective guidance note of the Cybercrime Convention Committee which represents the parties to the convention;
3.2. invite the Cloud Evidence Group established by the Cybercrime Convention Committee to study the feasibility of drafting an additional protocol to the Convention on Cybercrime regarding criminal justice access to data on cloud servers;
3.3. draft legal standards on the international responsibility of States for taking all reasonable measures to prevent large-scale cyberattacks from being launched by persons under their jurisdiction or emanating from their national territory against computer systems in another State;
3.4. increase the assistance and monitoring activities regarding the implementation of the Convention on Cybercrime in domestic law and practice, as well as practical measures and co-operation against large-scale cyberattacks, in particular for the benefit of member States where the practical implementation of the Convention on Cybercrime faces difficulties;
3.5. call on Austria, Bosnia and Herzegovina, the Czech Republic, Greece, Hungary, Iceland, Ireland, Italy, Malta, Monaco, Portugal, San Marino, Sweden and the United Kingdom to sign and/or ratify without further delay the 2003 Protocol amending the European Convention on the Suppression of Terrorism (ETS No.190), which is necessary for its entry into force;
3.6. transmit to their competent national ministries and authorities this recommendation and Resolution 2070 (2015) on increasing co-operation against cyberterrorism and other large-scale attacks on the Internet.