Latest posts of: b!z

Quote from: shep on January 05, 2013, 09:19:17 PM

Secondary sales of invites (access codes) and or accounts is misuse of access per Council of Europe Treaty - Convention on Cybercrime CETS No.: 185. Access codes obtained from a secondary market such as this not explicitly authorized by the site owner constitutes illegal access and theft of service per Council of Europe Treaty - Convention on Cybercrime CETS No.: 185.

Quote from: shep on January 02, 2013, 10:59:27 AM

In simple terms, there are laws covering sales of hacked/compromised and or
unauthorized transfers of accounts.

Council of Europe Treaty - Convention on Cybercrime CETS No.: 185

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=185&CM=8&DF=&CL=ENG

Chart of ratifications and signatures by member states and non-member states

http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=8&DF=&CL=ENG

Full Text with relevant passage(s) cited.

http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm

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Article 2 – Illegal access

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the access to the whole or any part of a computer system without right. A Party may require that the offence be committed by infringing security measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system.

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Article 6 – Misuse of devices

1 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right:

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a the production, sale, procurement for use, import, distribution or otherwise making available of:

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i a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with Articles 2 through 5;

ii a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed,

with intent that it be used for the purpose of committing any of the offences established in Articles 2 through 5; and

b the possession of an item referred to in paragraphs a.i or ii above, with intent that it be used for the purpose of committing any of the offences established in Articles 2 through 5. A Party may require by law that a number of such items be possessed before criminal liability attaches.

2 This article shall not be interpreted as imposing criminal liability where the production, sale, procurement for use, import, distribution or otherwise making available or possession referred to in paragraph 1 of this article is not for the purpose of committing an offence established in accordance with Articles 2 through 5 of this Convention, such as for the authorised testing or protection of a computer system.

3 Each Party may reserve the right not to apply paragraph 1 of this article, provided that the reservation does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 a.ii of this article.