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COMMITTEE OF EXPERTS ON TERRORISM (CODEXTER) CYBERTERRORISM – THE USE OF THE INTERNET FOR Kapitel 1 TERRORIST PURPOSES CROATIA April 2007 www.coe.int/gmt A. National policy 1. Is there a national policy regarding the analysis, detection, prosecution and prevention of cybercrime in general and the misuse of cyberspace for terrorist purposes in particular? lf yes, please briefly describe it. The possible misuse of the Internet for terrorist purposes is a topic that will be covered in more detail in the National Strategy for Suppression of Terrorism which is expected to be adopted in the near future. Various acts of terrorism are proscribed within the Croatian Penal Code, as has already been stated in Croatia’s Country Profile.1 B. Legal framework 2. Does your national legislation criminalise the misuse of cyberspace for terrorist purposes, and a. are these offences specifically defined with regard to the terrorist nature or technical means of committing the crime, or b. is the misuse covered by other, non-specific criminal offences? How are these offences defined and which sanctions (criminal, administrative, civil) are attached? Croatian legislation has no specifically defined cyberterrorism offences. Moreover, the means used to commit terrorist acts or terrorism-related actions, including possible misuse of the Internet or computer systems, are not influential in the prosecution of criminal offences related to terrorism. 3. Do you plan to introduce new legislation to counter terrorist misuse of cyberspace? What are the basic concepts of these legislative initiatives? The planned drafting of amendments to the Penal Code may take into consideration this specific phenomenon. 4. What are the existing national practices in the field of detecting, monitoring and closing down websites used for terrorist purposes? There are no existing national practices in this field since thus far there is no record of a concrete case of a website supporting terrorism appearing on the Internet in Croatia. However, tools and mechanisms for blocking such sites and/or providing additional surveillance of Internet users who visit suspected websites are already in place and can be used after obtaining a warrant from the competent court. 1 Country profiles are available at www.coe.int/gmt. For further information please see the Country profiles on counter-terrorism capacity at www.coe.int/gmt. Pour plus de renseignements, veuillez consulter les Profils nationaux sur la capacité de lutte contre le terrorisme: www.coe.int/gmt. 2 5. Does your national legislation provide criteria for establishing jurisdiction over such offences? What are those criteria? As in the answer to question 2, the relevant part of Croatia’s national legislation is available in its Country Profile (under the chapter on Jurisdiction and Criminal Proceedings). 6. Does your national legal system establish ancillary offences related to the misuse of cyberspace? All of the offences proscribed in the Cybercrime Convention (to which Croatia is a State Party and which has been in force in Croatia since 1 July 2004), with the exception of offences that can generally be described as cyberterrorism, are incorporated into the domestic legal framework. 7. What kind of national procedures do you have for submitting an application on the activities of Internet-providers and/or hosting companies, to deprive a user from a domain name or to cancel his/her/its registration or Iicence? To obtain information on a website user/owner and his/her IP address from Internet providers and/or hosting companies, the only requirement is an official request by the Ministry of the Interior (a court order is not necessary). 8. What non-legislative measures do your have in your country to prevent and counter terrorist misuse of cyberspace, including self-regulatory measures? C. International co-operation 9. Please describe the general framework for international co-operation regarding the misuse of cyberspace for terrorist purposes. International co-operation, at police level, is efficiently conducted within the framework of Interpol and Europol and on the basis of signed bilateral agreements. Moreover, mutual legal co-operation is under the competence of the Ministry of Justice and is covered by the international legal instruments to which the Republic of Croatia is a State Party and through domestic legislation – the Penal Code, the Criminal Procedures Act and, most notably, the Act on International Legal Assistance in Criminal Matters. 10. What are the existing practices and experiences with regard to international co- operation, in particular in relation to the procedures described in question 4? There are no official records of such co-operation. D. Institutional framework 11. Please list the institutions that are competent for countering terrorist misuse of cyberspace. The Ministry of the Interior of the Republic of Croatia. 12. Are there any partnerships between the public and private sectors (Internet-service providers, hosting companies, etc.) to counter terrorist misuse of cyberspace? With regard to preventing misuse of the Internet, the competent Croatian authorities find there is an excellent working relationship with the Internet providers and hosting companies, as well as with other civilian Internet users, in mutual exchanges of information on illegal use of Internet. There is nothing to suggest that there would not be the same excellent co-operation if a case of cyberterrorism was uncovered. 3 E. Statistical information 13. Please provide relevant statistics on offences relating to the misuse of cyberspace for terrorist purposes (including possibly: cases recorded, investigated, brought to court, convictions, victims etc.). 14. Where possible, please describe briefly the profile of offenders typically involved in the misuse of cyberspace for terrorist purposes (professional background, gender, age, nationality), and possible typical organisational characteristics, including trans-national Iinks and Iinks to other forms of organised crime. Since no cases of terrorist misuse of the Internet have been officially recorded in the Republic of Croatia, no statistics or offenders’ profiles are available at this moment.
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