GCFA · Question #316
Which of the following articles defines illegal access to the computer or network in Chapter 2 of Section 1, i.e., Substantive criminal law of the Convention on Cybercrime passed by the Council of…
The correct answer is A. Article 2. Article 2 of the Convention on Cybercrime (Budapest Convention) defines 'Illegal access' as the intentional access to a computer system without right, establishing the foundational cybercrime offense.
Question
Which of the following articles defines illegal access to the computer or network in Chapter 2 of Section 1, i.e., Substantive criminal law of the Convention on Cybercrime passed by the Council of Europe?
Options
- AArticle 2
- BArticle 5
- CArticle 16
- DArticle 3
How the community answered
(46 responses)- A76% (35)
- B7% (3)
- C4% (2)
- D13% (6)
Why each option
Article 2 of the Convention on Cybercrime (Budapest Convention) defines 'Illegal access' as the intentional access to a computer system without right, establishing the foundational cybercrime offense.
Article 2 in Chapter 2, Section 1 of the Budapest Convention is specifically titled 'Illegal access' and requires parties to criminalize intentional access to a computer system without right, either by infringing security measures or otherwise, directly matching the question's description.
Article 5 of the Convention addresses 'System interference' - intentional acts that seriously hinder the functioning of a computer system - not illegal access.
Article 16 falls under procedural law provisions and covers 'Expedited preservation of stored computer data,' not the definition of illegal access.
Article 3 defines 'Illegal interception,' which covers the unauthorized interception of non-public transmissions of computer data, not unauthorized access to a system.
Concept tested: Budapest Convention Article 2 illegal computer access definition
Source: https://rm.coe.int/1680081561
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