FITUG e.V. Förderverein Informationstechnik und Gesellschaft

FC: Council of Europe "cybercrime" treaty marches forwar

------- Forwarded message follows ------- Date sent: Thu, 20 Sep 2001 16:16:19 -0400 To: politech@politechbot.com From: Declan McCullagh <declan@well.com> Subject: FC: Council of Europe "cybercrime" treaty marches forward Send reply to: declan@well.com

Background:

"Planned global Net-treaty hands police more power, limits privacy" http://www.politechbot.com/p-01136.html

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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

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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: PressUnit@coe.int

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