FC: Council of Europe "cybercrime" treaty marches forward

From: Declan McCullagh (declanat_private)
Date: Thu Sep 20 2001 - 13:16:19 PDT

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    Background:
    
    "Planned global Net-treaty hands police more power, limits privacy"
    http://www.politechbot.com/p-01136.html
    
    ---
    
    Summary from:
    http://www.cdt.org/international/cybercrime/
    
    EU Cybercrime Treaty Moves Closer to Adoption - On Wednesday, September 19, 
    2001, the Council of Europe Ministers' Deputies approved the Convention on 
    Cybercrime. The Convention will be presented for formal adoption to Foreign 
    Affairs Ministers meeting in Strasbourg on 8 November, and is expected to 
    be opened for signature by member states at an international conference in 
    Budapest at the end of November. The treaty will enter into force when five 
    states, at least three of which are members of the Council of Europe, have 
    ratified it. The US, as a participant in the drafting of the treaty, will 
    be invited to ratify as well. The Convention requires signing countries to 
    adopt similar criminal laws on hacking, infringements of copyright, 
    computer-related fraud, and child pornography. It also contains a series of 
    powers and procedures such as the search of computer networks and 
    interception. It will be supplemented by an additional protocol making any 
    publication of racist and xenophobic propaganda via computer networks a 
    criminal offence. More September 20, 2001
    
    ---
    
    Press release:
    http://press.coe.int/cp/2001/646a(2001).htm
    
    First international treaty to combat crime in cyberspace approved by 
    Ministers' Deputies
    Strasbourg, 19.09.2001- The Council of Europe Ministers' Deputies have just 
    approved the Convention on Cybercrime.
    The Deputies decided to present the Convention for formal adoption to 
    Foreign Affairs Ministers meeting in Strasbourg on 8 November, with the 
    opening for signature by member states taking place at an international 
    conference in Budapest at the end of November. It will enter into force 
    when five states, at least three of which are members of the Council of 
    Europe, have ratified it.
    The Convention will be the first international treaty on crimes committed 
    via the Internet and other computer networks, dealing particularly with 
    infringements of copyright, computer-related fraud, child pornography and 
    violations of network security. It also contains a series of powers and 
    procedures such as the search of computer networks and interception.
    Its main objective, set out in the preamble, is to pursue a common criminal 
    policy aimed at the protection of society against cybercrime, especially by 
    adopting appropriate legislation and fostering international co-operation.
    The Convention is the product of four years of work by Council of Europe 
    experts, but also by the United States, Canada, Japan and other countries 
    which are not members of the organisation.
    It will be supplemented by an additional protocol making any publication of 
    racist and xenophobic propaganda via computer networks a criminal offence.
    * * *
    In 1997, the Council of Europe's Committee of Ministers asked a committee 
    of experts to "draft a binding legal instrument" examining the issues of 
    offences, substantive criminal law, the use of coercive powers - including 
    at international level - and the problem of jurisdiction over computer crimes.
    In April 2000, the draft text was declassified - a very unusual step in the 
    drafting of an international legal text - and made public on the Internet 
    so as to garner the opinions of professionals and network users.
    In March 2001, the Parliamentary Assembly held a hearing of international 
    experts and then adopted an opinion on the draft text at its April plenary 
    session.
    Press Contact
    Sabine Zimmer, Council of Europe Press Service
    Tel. +33 3 88 41 25 97 - Fax. +33 3 88 41 27 90
    E-mail: PressUnitat_private
    
    
    
    
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