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[FYI] Computer Crime Commission planned communication


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European Commission
Legal Advisory Board 

                                      Minutes of the meeting of the
                                      Legal Advisory Board 
                                             held in Brussels on 25
                                             November 1998


9. Computer Crime - Commission planned communication and Council of
Europe plans for draft convention 

Mr Papapavlou highlighted the plans of the Commission to issue a
communication on this matter (included in the Commission's work
program early next year). This initiative follows the request of the
Council interdisciplinary group that studied the report on computer
crime, produced early 1998. He explained that the Commission is in the
early stages of the drafting process. 

Touching upon the content of the communication, he stated that it will
contain the following structure: (1) description of the phenomena (2)
state of the art in the world as regards initiatives to fight computer
crime (3) options for action (both legislative and non-legislative,
such as: awareness and education, improved security, and better
communication with providers). Furthermore, Mr Papapavlou stressed
that close contact is held with two other international fora dealing
with this matter: (1) the G-8 hightech-crime subgroup, and (2) the
Council of Europe, where work is being undertaken to establish an
international convention. 

Thanking Mr Papapavlou, the Chairman passed the floor to Mr
Kaspersen,. who is a member of the committee, drafting the
international convention referred to by Mr Papapavlou. 

Mr Kaspersen gave a detailed presentation on the initiative undertaken
within the Council of Europe to create a draft convention on this
matter. The purpose of the convention is to further review and
elaborate on the existing Council of Europe recommendations issued on
this matter: on substantive law (1989) and on procedural law (1995).
The draft is planned to be ready by the end of 1999. He underlined
that the convention will be open for signature for non-Council of
Europe countries as well. 

Subsequently, Mr Kaspersen touched upon the content. As regards the
substantive law part, the nucleus consists of so called C.I.A.
offences (e.g. spamming, spoofing, unauthorised access, data
manipulation etc.), followed by two other layers: (1) computer related
offences (e.g. forgery and fraud) and content related offences (e.g.
IPR offences, data protection offences and illegal content).
Furthermore, it deals with positive and negative conflicts of
jurisdiction and liability of intermediaries. In respect of the
procedural part, the draft looks a number of critical areas:
trans-border network searches, under cover operations, so -called
`trap and trace' (instruments to trace sources of communication) and
interception of communications. Additionally, the draft will hold
proposals on 24-hours/7days a week contact points and procedures for
gathering and preservation of evidence. Upon request of Mr Michael, Mr
Kaspersen explained that it is unclear yet whether the convention will
contain any provisions on escrow of encryption algorithms. He referred
to the work currently undertaken in respect of amending of the
Wassenaar Agreement. 


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