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[FYI] (Fwd) Council of Europe draft Cybercrime treaty
- To: debate@fitug.de
- Subject: [FYI] (Fwd) Council of Europe draft Cybercrime treaty
- From: "Axel H Horns" <horns@ipjur.com>
- Date: Wed, 27 Sep 2000 09:41:53 +0200
- CC: krypto@thur.de
- Comment: This message comes from the debate mailing list.
- Organization: NONE
- Sender: owner-debate@fitug.de
------- Forwarded message follows -------
Date sent: Tue, 26 Sep 2000 13:55:31 -0400 (EDT)
From: "P.J. Ponder" <ponder@freenet.tlh.fl.us>
To: cryptography@c2.net
Subject: Council of Europe draft Cybercrime treaty
The Council of Eurpoe has released a draft of its cybercrime treaty.
The idea here is to get signatory nations to adopt similar laws as
their own national laws. A news article I read states that the treaty
would criminalize some forms of security testing and analysis.
One provision would require:
> Section 2 Procedural law
>
> Article 14 - Search and Seizure of Stored Computer Data
< . . . . >
> 5. Each Party shall take such legislative and other measures as may
> be necessary to empower its competent authorities to order for the
> purposes of criminal investigations and proceedings any person who
> has knowledge about the functioning of the computer system or
> measures applied to secure the computer data therein to provide all
> necessary information, as is reasonable, to enable the undertaking
> of the measures referred to in paragraphs 1 and 4.
This would require giving keys to authorities who were investigating
your system.
The draft treaty (English version) is at:
http://conventions.coe.int/treaty/en/projets/cybercrime.htm
------- End of forwarded message -------