[FYI] (Fwd) Draft International Convention on Cyber-Crime published

["Axel H Horns" <horns@t-online.de>]

------- Forwarded message follows -------
From:           	"Caspar Bowden" <cb@fipr.org>
To:             	<eucrypto@fitug.de>,
	"Ukcrypto \(E-mail\)" <ukcrypto@maillist.ox.ac.uk>,
	<cyber-rights-UK@cyber-rights.org>
Subject:        	Draft International Convention on Cyber-Crime published
Date sent:      	Fri, 28 Apr 2000 19:27:29 +0100
Send reply to:  	ukcrypto@maillist.ox.ac.uk

For info - have not yet studied

http://conventions.coe.int/treaty/en/projets/cybercrime.htm

--
Caspar Bowden               Tel: +44(0)20 7354 2333
Director, Foundation for Information Policy Research
RIP Information Centre at:    www.fipr.org/rip#media


"Crime in Cyberspace
First Draft of International Convention Released for Public Discussion

STRASBOURG, 27.04.2000 - The COUNCIL OF EUROPE today released a draft
version of a Convention on crime in cyberspace for public discussion
in order to enhance the consultation process with interested parties,
whether public or private. Businesses and associations are
particularly encouraged to share their comments with the experts
involved in the negotiations before the final adoption of the text.

Provisionally entitled "Draft Convention on Cyber-Crime", this Council
of Europe text will be the first international treaty to address
criminal law and procedural aspects of various types of offending
behaviour directed against computer systems, networks or data as well
as other similar abuses.

This legally-binding text aims to harmonise national legislation in
this field, facilitate investigations and allow efficient levels of
co-operation between the authorities of different States.

The text should be finalised by a group of experts by December 2000
and the Committee of Ministers could adopt the text and open it for
signature as early as Autumn 2001.

The text of the draft Convention can be found on the following
website: http://conventions.coe.int/treaty/en/projets/cybercrime.htm

More information for editors :

Recent attacks against commercial web-sites, such as Amazon.com, drew
international attention to the dangers that the Internet and other
computer networks need to face: cyber-criminals and cyber-terrorists
threaten business and government interests and may cause colossal
damages. Time has come for the Council of Europe to take action, which
today released a draft Convention to deal with crime in cyberspace.
This document, provisionally entitled “Draft Convention on
Cyber-crime”, will be the first ever international treaty to address
criminal law and procedural aspects of various types of criminal
behaviour directed against computer systems, networks or data and
other types of similar misuse.

The draft provides, among others, for the co-ordinated criminalisation
of computer hacking and hacking devices, illegal interception of data
and interference with computer systems, computer-related fraud and
forgery. It also prohibits on-line child pornography, including the
possession of such material after downloading, as well the
reproduction and distribution of copyright protected material. The
draft Convention will not only define offences but will also address
questions related to the liability of individual and corporate
offenders and determine minimum standards for the applicable
penalties.

The draft text also deals with law enforcement issues: future Parties
will be obliged to empower their national authorities to carry out
computer searches and seize computer data, require data-subjects to
produce data under their control, preserve or obtain the expeditious
preservation of vulnerable data by data-subjects. The interception of
data transmitted through networks, including telecommunication
networks, is also under discussion. These computer-specific
investigative measures will also imply co-operation by telecom
operators and Internet Service Providers, whose assistance is vital to
identify computer criminals and secure evidence of their misdeeds.

As computer-crimes are often international in their nature, national
measures need to be supplemented by international co-operation. The
draft treaty therefore requires future Parties to provide each other
various forms of assistance, for example by preserving evidence and
locating on-line suspects. The text also deals with certain aspects of
trans-border computer searches. Traditional forms of mutual assistance
and extradition would also be available under the draft Convention and
a network of 24 hours/ day, 7 days/week available national contact
points would be set up to speed up international investigations.

The 41-nation Council of Europe has previously produced two
recommendations on the question, in 1989 and in 1995, to encourage
governments to adapt laws to the challenge of computer-related crime,
but later a binding legal instrument was considered necessary to
harmonise computer-crime provisions, step up investigations and ensure
effective international co-operation among authorities. The draft
Convention is expected to be finalised by an expert group by December
2000 and the Committee of Ministers could adopt the text and open it
for signature as early as September 2001. Given the importance of the
subject, non-member States, such as Canada, Japan, South-Africa and
the United States, also actively participate in the negotiations.

By releasing the latest draft of the treaty, the Council of Europe
seeks to enhance the consultation process with interested parties,
whether public or private. It particularly encourages business and
civil society organisations to come forward and share their comments
with the experts involved in the negotiations before the text
eventually becomes final. "

Commentaries are welcome on : daj@coe.int




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