The United States of America declares, pursuant to Articles 2 and 40, that under United
States law, the offenses set forth in Article 2 (“Illegal access”) includes an additional
requirement of intent to obtain computer data.
The United States of America declares, pursuant to Articles 6 and 40, that under United
States law, the offense set forth in paragraph (1)(b) of Article 6 (“Misuse of devices”)
includes a requirement that a minimum number of items be possessed. The minimum number
shall be the same as that provided for by applicable United States federal law.
The United States of America declares, pursuant to Articles 7 and 40, that under United
States law, the offense set forth in Article 7 (“Computer-related forgery”) includes
a requirement of intent to defraud.
The United States of America declares, pursuant to Articles 27 and 40, that requests
made to the United States under paragraph 9(e) of Article 27 (“Procedures pertaining
to mutual assistance requests in the absence of applicable international agreements”)
are to be addressed to its central authority for mutual assistance.
The United States of America, pursuant to Articles 4 and 42 of the Convention, reserves
the right to require that the conduct result in serious harm, which shall be determined
in accordance with applicable United States federal law.
The United States of America, pursuant to Articles 6 and 42 of the Convention, reserves
the right not to apply paragraphs (1)(a)(i) and (1)(b) of Article 6 (“Misuses of devices”)
with respect to devices designed or adapted primarily for the purpose of committing
the offenses established in Article 4 (“Data interference”) and Article 5 (“System
interference”).
The United States of America, pursuant to Articles 9 and 42 of the Convention, reserves
the right to apply paragraphs (2)(b) and (c) of Article 9 only to the extent consistent
with the Constitution of the United States as interpreted by the United States and
as provided for under its federal law, which includes, for example, crimes of distribution
of material considered to be obscene under applicable United States standards.
The United States of America, pursuant to Articles 10 and 42 of the Convention, reserves
the right to impose other effective remedies in lieu of criminal liability under paragraphs
1 and 2 of Article 10 (“Offenses related to infringement of copyright and related
rights”) with respect to infringements of certain rental rights to the extent the
criminalisation of such infringements is not required pursuant to the obligations
the United States has undertaken under the agreements referenced in paragraphs 1 and
2.
The United States of America, pursuant to Articles 22 and 42 of the Convention, reserves
the right not to apply in part paragraphs (1)(b), (c) and (d) of Article 22 (“Jurisdiction”).
The United States does not provide for plenary jurisdiction over offenses that are
committed outside its territory by its citizen or on board ships flying its flag or
aircraft registered under its laws. However, United States law does provide for jurisdiction
over a number of offenses to be established under the Convention that are committed
abroad by United States nationals in circumstances implicating particular federal
interests, as well as over a number of such offenses committed on board United States-flagged
ships or aircraft registered under United States law. Accordingly, the United States
will implement paragraphs (1)(b), (c) and (d) to the extent provided for under its
federal law.
The United States of America, pursuant to Articles 41 and 42 of the Convention, reserves
the right to assume obligations under Chapter II of the Convention in a manner consistent
with its fundamental principles of federalism.