RE: [ISN] US defends cybercrime treaty - --- another proposal

From: InfoSec News (isn@private)
Date: Mon May 03 2004 - 00:20:18 PDT

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    Forwarded from: VytautasB@private
    
    Dear Colleagues,
    
    Mr. Poulsen's article reminds me of a conference I attendend recently.
    
    On March 15-17 I participated at the George C. Marshall European
    Center for Security Studies Conference on the Political-Military
    Dimensions of Cyber Security
    http://www.marshallcenter.org/site-graphic/lang-en/page-conf-summary-index/x
    docs/conf/conference-summaries/0412/0412.htm .
    
    It was a very interesting and thought provoking conference that was
    co-sponsored by HQ EUCOM and the US DoD's Directorate of Information
    Assurance.  Speakers came from a wide range of US and European
    institutions and included private industry as well.  The sum of all
    the discussions really brought out the vulnerability of national
    infrastructure to cyber atttack.  One german firm demonstrated a
    simulator that showed what happens to a country's infrastructure when
    the electricity runs out (in 12 hours there is no more water being
    pumped, after some time the transportation system fails etc,)
    
    After each day's plenary session we broke up into work groups to
    discuss responses to various cyber security scenarios.  The work group
    which I was appointed to lead came up with the idea of preparing a
    draft statement on cyber security.
    
    Unfortunately we could not put the statement to a plenary vote since
    by the end of the conference we were still waiting for German and
    Russian translations of the text. The Marshall Center's administration
    was also uncomfortable with the idea of commiting the participants to
    some sort of binding document.  So the draft Statement was never
    adopted and does not have the approval of the Marshall Center nor of
    the other co-sponsors. For your information I will enclose a draft
    copy of the text (see below).  Maybe you or your colleagues would care
    to comment on it?
    
    Is there a need for an international body to deal with the cyber
    threat or is it enough to just rely on regional organisations like the
    European Union's ENISA and the proposed Convention mentioned in Mr.
    Poulsen's article or the G8's High Tech Crime Sub-group?  
    International cooperation in fighting air piracy or hijacking has been
    successful.
    
    Sincerely yours,
    
    Vytautas Butrimas
    Deputy Chief
    Communications and Informations Systems Service
    Lithuanian Ministry of National Defense
    Vilnius, Lithuania
    
    ****************************************************************
    ****************************************************************
    
    Draft version 1.7
    
    STATEMENT ON CYBER SECURITY
    
    We the information security officials from 31 countries participating
    at the George C. Marshall European Center for Security Studies
    Conference on The Political-Military Dimensions of Cyber Security held
    in Munich, Germany on March 15-17, 2004, recognize:
    
    that our Governments, industries, and public service sectors depend on
    information technology and telecommunications (ITT) to perform their
    functions,
    
    that our ITT infrastructure is dangerously vulnerable to electronic or
    cyber attack from hostile states, terrorists, criminal activities, and
    computer hackers ,
    
    that the scale of the threat has both national and international
    dimensions,
    
    that there is a lack of an international legal framework for the
    prevention and defense against cyber attack,
    
    that a credible and effective defense requires international
    cooperation ,
    
    and have agreed to encourage the United Nations to initiate the
    creation of an international body for the management of cyber security
    events, risk and prevention.
    
    This body should take under consideration the development of cyber
    security proposals based upon existing models that have been
    successful in dealing with the problems of other sectors such as the
    Stanford Agreement on air piracy and the World Health Organization on
    health issues.
    
    In addition, the participants at this conference agree to promote this
    statement in their nations.
    
    Adopted* in Munich, Germany on March 17, 2004
    
    
    *N.B. "Adopted" Only mentioned in the draft text and was not put to an
    actual vote.  Meant for review and study only. (V. Butrimas)
    
    **************************************************************
    ****************************************************************
    
    -----Original Message-----
    From: InfoSec News [mailto:isn@private]
    Sent: Monday, April 26, 2004 9:34 AM
    To: isn@private
    Subject: [ISN] US defends cybercrime treaty 
    
    
    http://www.theregister.co.uk/2004/04/24/us_defends_cybercrime_treaty/
    
    By Kevin Poulsen, SecurityFocus
    Published Saturday 24th April 2004 
    
    Critics took aim this week at a controversial international treaty
    intended to facilitate cross-boarder computer crime probes, arguing
    that it would oblige the US and other signatories to cooperate with
    repressive regimes - a charge that the Justice Department denied.
    
    The US is one of 38 nations that have signed onto the Council of
    Europe's "Convention on Cybercrime," but the US Senate has not yet
    ratified the measure. In a letter to the Senate last November,
    President Bush called the pact "the only multilateral treaty to
    address the problems of computer-related crime and electronic evidence
    gathering." The treaty, "would remove or minimize legal obstacles to
    international cooperation that delay or endanger U.S. investigations
    and prosecutions of computer-related crime," he said.
    
    Drafted under strong US influence, the treaty aims to harmonize
    computer crime laws around the world by obliging participating
    countries to outlaw computer intrusion, child pornography, commercial
    copyright infringement, and online fraud.
    
    Another portion of the treaty requires each country to pass laws that
    permit the government to search and seize email and computer records,
    perform Internet surveillance, and to order ISPs to preserve logs in
    connection with an investigation. A "mutual assistance" provision then
    obligates the county to use those tools to help out other signatory
    countries in cross-border investigations: France, for example, could
    request from the US the traffic logs for an anonymous Hushmail user
    suspected of violating French law.
    
    [...]
    
    
    
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