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And how many members of the Council of Europe are not either EU members, or applicants?

Not more than a tithe, I would expect.

If by a tithe you mean 10% then you're way out.

According to the European Union web site, the EU has 15 members and 13 applicants.

According to the Council of Europe web site, the Council of Europe has 45 member stats. That doesn't include the non-voting 'observer' members.

Russia must be the most prominent Council of Europe member that isn't in the EU, or likely to be in the near future, but there are many others too.

Company X's response is in the form of an extremely large file [...] My hosting company kindly then sends me a bill

The draft says the precise rules should take into account "the technical specificities of on-line media". This includes the possibility of linking, and "There should be flexibility regarding the length of the reply since there are less capacity limits for content than in off-line media."

It is clear that they have not done away with "capacity limits" at all, they're just saying that a 5 page reply to a half page article is not the problem for a web page it'd be for a newspaper.

Whatever, I'm still inclined to be against the proposal. Hope to gain some insights from the /. discussion.

Europe lacks a First Amendment and the respect for limited government, private property and free enterprise that America still enjoys.

EU is build on the foundation of the Universal Declaration of Human Rights (the national states in the EU have to make sure that their national laws don't conflict with the Human Rights, and EU citizens can take their case to the European Court of Human Rights if they feel that their Human Right is violated by an European country (for instance, free speech). This document is of course also the foundation of the UN and has its philosophical basis in the philosophers of the enlightenment (the most important of them being French philosophers) which lead to the French revolution and the American Constitution. Paragraph 19 of the Human Rights Charter states:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

So, it is very wrong to state that EU lacks a "First Amendment".

The other claims are equally absurd.

You don't. You might have to link to it. Ignore the biased article. Try reading the actual report summary. Oh look, they're not enforcing the draft, they're still discussing it! And they've spotted everything you've complained about. What about the stipulation that the response must be made available for a period of time at least equal to the duration of the original criticism and at least 24 hours?

Does a Google cache count?

You'll find the latest draft here:

Note what the trollish C/Net editor skips in its article:

Reaffirming that the minimum rules in the appendix to Resolution (74) 26 do not go beyond granting a right of reply with respect of factual statements claimed to be inaccurate and that, as a consequence, the on-line dissemination of opinions and ideas falls outside the scope of this Recommendation;

"Reaffirming" refers to the Resolution (74) 26 where it is well specified that only false statements are affected by this "right to reply".

So the rest of the article is just C/Net trolling.

Council of Europe is NOT a "quasi-governmental" entity. Indeed, it is an intergovernmental one and is the closest thing there is to a central, federal, European government. Calling it "quasi-governmental" is a gross inaccuracy. More info here

At the time, Dalzell was serving on a three-judge panel that rejected the absurd Communications Decency Act as a violation of the First Amendment's guarantee of free expression.

Dalzell recognized that the U.S. government's true fear of the Internet was not indecency or obscenity, but hypothetical worries about how "too much speech occurs in that medium." Dalzell and eventually the Supreme Court realized that the best way to foster the soon-to-be spectacular growth of the Internet was to reduce government regulation--not to increase it.

document.write(' ');

Unfortunately, Europeans still haven't quite figured that out. The Council of Europe--an influential quasi-governmental body that drafts conventions and treaties--is meeting on Monday to finalize a proposal that veers in exactly the opposite direction. (It boasts 45 member states in Europe, with the United States, Canada, Japan and Mexico participating as non-voting members. Its budget is about $200 million a year, paid for by member governments.)

The all-but-final proposal draft says that Internet news organizations, individual Web sites, moderated mailing lists and even Web logs (or "blogs"), must offer a "right of reply" to those who have been criticized by a person or organization.

With clinical precision, the council's bureaucracy had decided exactly what would be required. Some excerpts from its proposal:

"The reply should be made publicly available in a prominent place for a period of time (that) is at least equal to the period of time during which the contested information was publicly available, but, in any case, no less than for 24 hours."

Hyperlinking to a reply is acceptable. "It may be considered sufficient to publish (the reply) or make available a link to it" from the spot of the original mention.

"So long as the contested information is available online, the reply should be attached to it, for example through a clearly visible link."

Long replies are fine. "There should be flexibility regarding the length of the reply, since there are (fewer) capacity limits for content than (there are) in off-line media."

While the Council of Europe is very influential and its proposals have a tendency to become law, that outcome is not guaranteed.


It's pretty zany to imagine that just about every form of online publishing, from full-time news organizations to occasional bloggers to moderated chat rooms, would be covered. But it's no accident. A January 2003 draft envisioned regulating only "professional on-line media." Two months later, a March 2003 draft dropped the word "professional" and intentionally covered all "online media" of any type.

Pall

At the time, Dalzell was serving on a three-judge panel that rejected the absurd Communications Decency Act as a violation of the First Amendment's guarantee of free expression.

Dalzell recognized that the U.S. government's true fear of the Internet was not indecency or obscenity, but hypothetical worries about how "too much speech occurs in that medium." Dalzell and eventually the Supreme Court realized that the best way to foster the soon-to-be spectacular growth of the Internet was to reduce government regulation--not to increase it.

document.write(' ');

Unfortunately, Europeans still haven't quite figured that out. The Council of Europe--an influential quasi-governmental body that drafts conventions and treaties--is meeting on Monday to finalize a proposal that veers in exactly the opposite direction. (It boasts 45 member states in Europe, with the United States, Canada, Japan and Mexico participating as non-voting members. Its budget is about $200 million a year, paid for by member governments.)

The all-but-final proposal draft says that Internet news organizations, individual Web sites, moderated mailing lists and even Web logs (or "blogs"), must offer a "right of reply" to those who have been criticized by a person or organization.

With clinical precision, the council's bureaucracy had decided exactly what would be required. Some excerpts from its proposal:

"The reply should be made publicly available in a prominent place for a period of time (that) is at least equal to the period of time during which the contested information was publicly available, but, in any case, no less than for 24 hours."

Hyperlinking to a reply is acceptable. "It may be considered sufficient to publish (the reply) or make available a link to it" from the spot of the original mention.

"So long as the contested information is available online, the reply should be attached to it, for example through a clearly visible link."

Long replies are fine. "There should be flexibility regarding the length of the reply, since there are (fewer) capacity limits for content than (there are) in off-line media."

While the Council of Europe is very influential and its proposals have a tendency to become law, that outcome is not guaranteed.


It's pretty zany to imagine that just about every form of online publishing, from full-time news organizations to occasional bloggers to moderated chat rooms, would be covered. But it's no accident. A January 2003 draft envisioned regulating only "professional on-line media." Two months later, a March 2003 draft dropped the word "professional" and intentionally covered all "online media" of any type.

Pall

At the time, Dalzell was serving on a three-judge panel that rejected the absurd Communications Decency Act as a violation of the First Amendment's guarantee of free expression.

Dalzell recognized that the U.S. government's true fear of the Internet was not indecency or obscenity, but hypothetical worries about how "too much speech occurs in that medium." Dalzell and eventually the Supreme Court realized that the best way to foster the soon-to-be spectacular growth of the Internet was to reduce government regulation--not to increase it.

document.write(' ');

Unfortunately, Europeans still haven't quite figured that out. The Council of Europe--an influential quasi-governmental body that drafts conventions and treaties--is meeting on Monday to finalize a proposal that veers in exactly the opposite direction. (It boasts 45 member states in Europe, with the United States, Canada, Japan and Mexico participating as non-voting members. Its budget is about $200 million a year, paid for by member governments.)

The all-but-final proposal draft says that Internet news organizations, individual Web sites, moderated mailing lists and even Web logs (or "blogs"), must offer a "right of reply" to those who have been criticized by a person or organization.

With clinical precision, the council's bureaucracy had decided exactly what would be required. Some excerpts from its proposal:

"The reply should be made publicly available in a prominent place for a period of time (that) is at least equal to the period of time during which the contested information was publicly available, but, in any case, no less than for 24 hours."

Hyperlinking to a reply is acceptable. "It may be considered sufficient to publish (the reply) or make available a link to it" from the spot of the original mention.

"So long as the contested information is available online, the reply should be attached to it, for example through a clearly visible link."

Long replies are fine. "There should be flexibility regarding the length of the reply, since there are (fewer) capacity limits for content than (there are) in off-line media."

While the Council of Europe is very influential and its proposals have a tendency to become law, that outcome is not guaranteed.


It's pretty zany to imagine that just about every form of online publishing, from full-time news organizations to occasional bloggers to moderated chat rooms, would be covered. But it's no accident. A January 2003 draft envisioned regulating only "professional on-line media." Two months later, a March 2003 draft dropped the word "professional" and intentionally covered all "online media" of any type.

Pall

At the time, Dalzell was serving on a three-judge panel that rejected the absurd Communications Decency Act as a violation of the First Amendment's guarantee of free expression.

Dalzell recognized that the U.S. government's true fear of the Internet was not indecency or obscenity, but hypothetical worries about how "too much speech occurs in that medium." Dalzell and eventually the Supreme Court realized that the best way to foster the soon-to-be spectacular growth of the Internet was to reduce government regulation--not to increase it.

document.write(' ');

Unfortunately, Europeans still haven't quite figured that out. The Council of Europe--an influential quasi-governmental body that drafts conventions and treaties--is meeting on Monday to finalize a proposal that veers in exactly the opposite direction. (It boasts 45 member states in Europe, with the United States, Canada, Japan and Mexico participating as non-voting members. Its budget is about $200 million a year, paid for by member governments.)

The all-but-final proposal draft says that Internet news organizations, individual Web sites, moderated mailing lists and even Web logs (or "blogs"), must offer a "right of reply" to those who have been criticized by a person or organization.

With clinical precision, the council's bureaucracy had decided exactly what would be required. Some excerpts from its proposal:

"The reply should be made publicly available in a prominent place for a period of time (that) is at least equal to the period of time during which the contested information was publicly available, but, in any case, no less than for 24 hours."

Hyperlinking to a reply is acceptable. "It may be considered sufficient to publish (the reply) or make available a link to it" from the spot of the original mention.

"So long as the contested information is available online, the reply should be attached to it, for example through a clearly visible link."

Long replies are fine. "There should be flexibility regarding the length of the reply, since there are (fewer) capacity limits for content than (there are) in off-line media."

While the Council of Europe is very influential and its proposals have a tendency to become law, that outcome is not guaranteed.


It's pretty zany to imagine that just about every form of online publishing, from full-time news organizations to occasional bloggers to moderated chat rooms, would be covered. But it's no accident. A January 2003 draft envisioned regulating only "professional on-line media." Two months later, a March 2003 draft dropped the word "professional" and intentionally covered all "online media" of any type.

Pall

At the time, Dalzell was serving on a three-judge panel that rejected the absurd Communications Decency Act as a violation of the First Amendment's guarantee of free expression.

Dalzell recognized that the U.S. government's true fear of the Internet was not indecency or obscenity, but hypothetical worries about how "too much speech occurs in that medium." Dalzell and eventually the Supreme Court realized that the best way to foster the soon-to-be spectacular growth of the Internet was to reduce government regulation--not to increase it.

document.write(' ');

Unfortunately, Europeans still haven't quite figured that out. The Council of Europe--an influential quasi-governmental body that drafts conventions and treaties--is meeting on Monday to finalize a proposal that veers in exactly the opposite direction. (It boasts 45 member states in Europe, with the United States, Canada, Japan and Mexico participating as non-voting members. Its budget is about $200 million a year, paid for by member governments.)

The all-but-final proposal draft says that Internet news organizations, individual Web sites, moderated mailing lists and even Web logs (or "blogs"), must offer a "right of reply" to those who have been criticized by a person or organization.

With clinical precision, the council's bureaucracy had decided exactly what would be required. Some excerpts from its proposal:

"The reply should be made publicly available in a prominent place for a period of time (that) is at least equal to the period of time during which the contested information was publicly available, but, in any case, no less than for 24 hours."

Hyperlinking to a reply is acceptable. "It may be considered sufficient to publish (the reply) or make available a link to it" from the spot of the original mention.

"So long as the contested information is available online, the reply should be attached to it, for example through a clearly visible link."

Long replies are fine. "There should be flexibility regarding the length of the reply, since there are (fewer) capacity limits for content than (there are) in off-line media."

While the Council of Europe is very influential and its proposals have a tendency to become law, that outcome is not guaranteed.


It's pretty zany to imagine that just about every form of online publishing, from full-time news organizations to occasional bloggers to moderated chat rooms, would be covered. But it's no accident. A January 2003 draft envisioned regulating only "professional on-line media." Two months later, a March 2003 draft dropped the word "professional" and intentionally covered all "online media" of any type.

Pall

Minor niggle, although the British Conservative party seems unaware of this (or anything else), they usually go in front of the European Court of human Rightswhich has nothing to do with the EU courts (European Court of Justice and European Court of auditors), since it includes countries that are not part of the EU although they both were setup to stop WW2 having an encore.

And like the US Supreme Court, the executives are sometimes very slow and reluctant to obey court rulings.

...the death penalty is banned (mandatory for EU members)

Citizen? Aren't you folks in GB subjects? God save the Queen, and all that.

No. See, for example, this page on the site of the Australia British embassy.

You are right. In the UK, the government can outlaw people with red hair if it wants, and there is not a thing that anyone can do about it. There is no supreme court to go to to fight bad laws.

Just because it's not called the Supreme Court doesn't mean there isn't a highest court of appeal (which is all the US Supreme Court is). There is. It's the House of Lords. Like every other court of appeal in Britain and America, its job is primarily to decide on matters of law, not on the merits of legislation or the verdict reached in the case (unless there was a problem with procedure or there is new evidence).

And (notwithstanding the present government's efforts to do away with them) we have Jury trials and the principle of double jeopardy.

No written constitution. No bill of rights.

No we don't have a single codified document called a Constitution. But, we do have a Bill of Rights, passed in 1689 during the Glorious Revolution, on which the american Bill of Rights was in part based. It mainly concerns itself with defining the separation of power between monarch and parliament (and limiting the monarch's power). In addition we have Magna Carta which guarantees some basic rights like due process.

Only recently has the UK been forced to obey some kind of written code on human rights, by virtue of its being a part of the EEC.

Wrong again. Britain acceded to the Council of Europe (the treaty organization from which the European Court of Human Rights derives - note that this is NOT the same as the European Union, EEC or any of its predecessors) nearly 50 years ago (the treaty came into effect on 3rd September 1953). Furthermore we are a signatory to the UN Universal Declaration on Human Rights.

All this having been said, the UK is more free than the USA. Its hard to believe, but it really is true. Statring with the absence of an SSN here, the british are free to travel, theier driving licences dont have pictures, and you can say whatever you want, whenever you want.

The driving licenses do have pictures - and have had since (if memory serves me correctly) 1998. The new photocard driving licenses are almost always considered good enough ID to prove you are of legal age to drink (18). Many people saw them as the beginning of a national ID card scheme by the back door.

We do have social security numbers - everyone is supposed to be sent a number on their 16th birthday or before if they ask (you need one to work legally and to claim benefits; and also for some other things like reciprocal healthcare arrangements in the EU).

And of course we still have laws against treason, the various incitement laws, very prosecution-friendly libel and slander laws, the blasphemy law (still on the books but not sucessfully used since the early 20th century), and the Official Secrets Act to name but a few which have effects on free speech. In my memory at least once a year a major newspaper has had a High Court injunction put on it by the government to prevent it publishing a story considered embarrassing to the government (although these have often later been removed on appeal), and several important trials are effectively conducted in secret due to reporting restrictions - eg the David Shayler case.

Until the 1960s if you wanted to publicly show a play the Lord Chamberlain's office had to approve it and could first censor it (a tradition which went back at least as far as Shakespeare's time).

The compromises here are gentlemens agreements. There is a flexibility here that doesnt exist in other countries. Britain doesnt look free on paper, but in reality, its a very, very good place to live.

I would have to disagree here. Britain is a free country because it is a stable country. There has not been a successful invasion since 1066. The laws and systems of government have evolved and many hard-fought battles for freedom centuries and decades ago have been allowed to settle in over time. We have a pretty independent judiciary and had a very independent upper house (although it will in future be all-appointed by Blair from what I hear), and a constancy in our current long-serving monarch who has seen 10 Prime Ministers in her time. We have a reasonably competent and professional (if perhaps self-serving) civil service. We have had relatively good economic fortune over the last two centuries or so (as a nation), 500 years of falling levels of crime and have been a major player on the international stage meaning we could shape the world more to suit us.

In America, these things are simply not there - so there are things like the constitution to protect the people from their politicians instead.

Apart from that, its people are the most cultured and tolerant speakers of english on the planet.

Why thankyou!

1. The Parliamentary Assembly is concerned that increasing numbers of children in certain Council of Europe member states are being diagnosed as suffering from "attention deficit/hyperactivity disorder" (ADHD), "hyperkinetic disorder" or related behavioural conditions and treated by means of central nervous system stimulants such as amphetamines or methylphenidate, which are controlled drugs listed in Schedule II of the 1971 United Nations Convention on Psychotropic Substances because they have been judged by the World Health Organisation to be liable to abuse, to constitute a substantial risk to public health, and to have little to moderate therapeutic usefulness.

3. Although their precise causes are unknown, the validity of ADHD and hyperkinetic disorders, defined in terms of persistent and severe behavioural symptoms centred on inattention, hyperactivity and impulsiveness and resulting in functional impairment, is widely recognised by professional medical, psychological and scientific organisations, including the World Health Organisation. However, the Assembly is concerned that two different sets of criteria are applied in diagnosing these disorders: one adopted by the American Psychiatric Association and used worldwide, the other, more stringent, by the World Health Organisation. The Assembly considers that the basis for these different standards should be examined with a view to clarifying and harmonising the criteria governing diagnosis and treatment.

1. You're not a trained medical practitioner, so you're not qualified to make a diagnosis
2. No one can diagnose themselves

1. The Parliamentary Assembly is concerned that increasing numbers of children in certain Council of Europe member states are being diagnosed as suffering from "attention deficit/hyperactivity disorder" (ADHD), "hyperkinetic disorder" or related behavioural conditions and treated by means of central nervous system stimulants such as amphetamines or methylphenidate, which are controlled drugs listed in Schedule II of the 1971 United Nations Convention on Psychotropic Substances because they have been judged by the World Health Organisation to be liable to abuse, to constitute a substantial risk to public health, and to have little to moderate therapeutic usefulness.

3. Although their precise causes are unknown, the validity of ADHD and hyperkinetic disorders, defined in terms of persistent and severe behavioural symptoms centred on inattention, hyperactivity and impulsiveness and resulting in functional impairment, is widely recognised by professional medical, psychological and scientific organisations, including the World Health Organisation. However, the Assembly is concerned that two different sets of criteria are applied in diagnosing these disorders: one adopted by the American Psychiatric Association and used worldwide, the other, more stringent, by the World Health Organisation. The Assembly considers that the basis for these different standards should be examined with a view to clarifying and harmonising the criteria governing diagnosis and treatment.

Well,

Practically all European countries are members of the Council of Europe (which is not the same thing as EU) and thus bind by the The European Convention on Human Rights. Well, to be exact: in this case it's not the Convetion itself but the Protocol No. 6 to the Convention for the Protection of Human Rights and
Fundamental Freedoms concerning the abolition of the death penalty.

Ville
Electronic Frontier Finland

Well,

Practically all European countries are members of the Council of Europe (which is not the same thing as EU) and thus bind by the The European Convention on Human Rights. Well, to be exact: in this case it's not the Convetion itself but the Protocol No. 6 to the Convention for the Protection of Human Rights and
Fundamental Freedoms concerning the abolition of the death penalty.

Ville
Electronic Frontier Finland

As far as law enforcement is concerned, go ahead and think about it... the national security types are who you need to worry about =)

When is ThinkGeek getting Tin Foil hats with a stylish Tux logo?

The United Kingdom is a signatory to the Sixth Protocol to the European Convention on Human Rights which outlaws the application of the death penalty. Consistent with the convention, the Extradition Act 1989 provides that extradition may be refused if the fugitive stands accused or convicted of an offence for which he could be or has been sentenced to death. The United Kingdom/United States Extradition Treaty also provides that extradition may be refused unless the requesting party gives satisfactory assurances that the death penalty will not be carried out. In practice, US extradition requests involving capital crimes are very rare. Not all US states continue to apply the death penalty. Those which do stand ready in extradition cases to provide assurances that the death penalty will not be carried out.
Source: Written reply to Parliamentary Question asked of Lord Marlesford by Lord Rooker, 8th November 2001

Such a priori retention of data and access to this data constitutes an interference in the private life of the individual; however, such an interference does not violate the international rules applicable with regard to the right to privacy and the handling of personal data contained, in particular, in the European Convention on the Protection of Human Rights of 4 November 1950, the Convention of the Council of Europe no.108 on the protection of persons in respect of the automated handling of personal data of 28 January 1981, and the Directives 95/46/ce and 97/66/CE, where it is provided for by law and where it is necessary, in a democratic society, for the prosecution of criminal offences.

They admit it's a compromise of individual privacy rights, but say it's allowed under those conventions. I was just looking for the spots in those documents:

• the 1950 one,
• the 1981 one

that allow mandatory storage of information in the absence of ongoing criminal investigation -- a priori.

The 1950 one includes a very general passage seeming to allow anything "preventive" if it might abridge the rights or freedoms of others. Doesn't make me feel safe. (Hey, someone might want to prevent me using my TiVo in naughty ways. That'd abridge Jack Valenti's right -- or is it a freedom? -- to rake in money.)

The 1981 thing's much more specific to the question, and opens up a world of hurt we could inflict on our various surveillance agencies:

The purpose of this convention is to secure in the territory of each Party for every individual, whatever his nationality or residence, respect for his rights and fundamental freedoms, and in particular his right to privacy, with regard to automatic processing of personal data relating to him ("data protection").
...
Any person shall be enabled:

a) to establish the existence of an automated personal data file, its main purposes, as well as the identity and habitual residence or principal place of business of the controller of the file;

b) to obtain at reasonable intervals and without excessive delay or expense confirmation of whether personal data relating to him are stored in the automated data file as well as communication to him of such data in an intelligible form;

Imagine the /. effect as we all demand access to the records being kept of all our packet traffic, all our phone calls... Hey, people ask for their credit reports. If the European agreement says it has to be "transparent" in this way, just start asking.

Wonder how Italy squares this with the fact that they are a signatory to the Convention for the Protection of Human Rights and Fundamental Freedoms, which should protect 'freedom of thought, conscience and religion' as well as 'freedom of expression'.

ho hum.

The Convention for the Protection of Human Rights and Fundamental Freedoms, which could be considered the European equivalent of the US Bill of Rights says in Article 10:

Article 10 - Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Both Germany and the Netherlands ratified this convention in the 'fifties.

The Convention for the Protection of Human Rights and Fundamental Freedoms, which could be considered the European equivalent of the US Bill of Rights says in Article 10:

Article 10 - Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Both Germany and the Netherlands ratified this convention in the 'fifties.

Article 8

In fact, it is no coincidence that we have only seen legislation such as the Regulation of Investigatory Powers Act since the UK Government ratified the treaty. Article 8 (Right to respect for private and family life) is effectivly nullified by 8.2:

There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

which weakens the Article so much as to make it effectively useless! Where do you draw the line?

It looks like we are in for a tough ride ahead...

-M.

I can't force you to understand or believe anything, and it appears that most respondents to my post are unwilling to do the most cursory investigation of any statement that contradicts their unwarranted prejudices.

The European Convention on Human Rights, of which France is a signatory states (Article 6, para 2):

Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

I don't claim to understand French law, but you've said nothing to convince me of your statement. And the google search you cite only serves to convince me of the widespread prejudice amongst Americans about the ways in which other developed democratic states conduct their affairs.

I can't force you to understand or believe anything, and it appears that most respondents to my post are unwilling to do the most cursory investigation of any statement that contradicts their unwarranted prejudices.

The European Convention on Human Rights, of which France is a signatory states (Article 6, para 2):

Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

I don't claim to understand French law, but you've said nothing to convince me of your statement. And the google search you cite only serves to convince me of the widespread prejudice amongst Americans about the ways in which other developed democratic states conduct their affairs.

Council of Europe - Convention on Cybercrime

The US (along with the UK govt) was actually instrumental in developing this policy with the European and other states in the Council of Europe . The Convention is developed from an idea the FBI were punting around in the early nineties.

It should be noted that the Council of Europe is not part of the EU and should not be confused with the European Council. Don't believe anyone who tells you this came from Brussels - This is a case of the nation states going oustide the EU (with the US, Canada and South Africa and Japan) to make an agreement, then propose it as legislation via the Commission (EU governmental heads together) for the European Parliament to approve. I'm actually glad there are some MEPs with some wits about them and a conscience to try to oppose this.

News just in: G8 Justice and Interior Ministers are pushing for this too. Surprise!

Council of Europe - Convention on Cybercrime

The US (along with the UK govt) was actually instrumental in developing this policy with the European and other states in the Council of Europe . The Convention is developed from an idea the FBI were punting around in the early nineties.

It should be noted that the Council of Europe is not part of the EU and should not be confused with the European Council. Don't believe anyone who tells you this came from Brussels - This is a case of the nation states going oustide the EU (with the US, Canada and South Africa and Japan) to make an agreement, then propose it as legislation via the Commission (EU governmental heads together) for the European Parliament to approve. I'm actually glad there are some MEPs with some wits about them and a conscience to try to oppose this.

News just in: G8 Justice and Interior Ministers are pushing for this too. Surprise!

and in Europe, Amélie and others has been quite a major hit !!

Ok, you're starting to talk about higher laws being required to revoke bad laws. How about this: the International Convention on Human Rights :

• Article 11 - Freedom of assembly and association
• Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
• No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.

In other words, the judge ought to defend their right to be part of a trade union, and to protect the right of that trade union to stand-up for their members

Unfortunately, the US has an extremist far-right government, who considers anyone standing up for the rights of workers to be somehow communist (read sub-human), hence the reason they choose to ignore international human-rights law (see Amnesty International's page on the US for more examples)

Perhaps this is worth further investigation...

The user interface is written in Java, and requires a 1.3 or higher runtime installed. The Windows installer has an optional 1.3 runtime included. By virtue of the Java client-side implementation, your private key is never sent, or seen by the server unless you choose to upload it in encrypted form. If you do decide to upload your private key, thereafter you rely only on SSL, presumably, to protect the password for your encrypted private key stored remotely.

It's been awhile since I looked at Java's crypto. The 1.2 stuff was pretty lame, especially the keystore. But this implementation does at least seem to use RSA keys for Java, which means that the container may be better too.

I dunno if I'd ever advise anyone to allow their keys to be stored on the server, no matter how many reassurances they get. However, for someone who simply wishes to share private mail with someone else, it might be nice.

Things that remain unclear to me are:
1. Can encrypted mail be sent to someone who does not have an account, using a ordinary PGP public key, for example?
2. What protocol does the service use? Is it standard SMTP? (possibly with verification)
3. Where does the encryption/signing of the delivered email actually occur? Presumably always on the client. 4. The Service Agreement seems pretty, uh, tight. If you displease them in any way, all your rights, including access to your existing mail, is cutoff.

Anyone actually using this service?

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Political News from Wired News - Cybercrime Treaty Finally Ready. After four years of haggling over the language, several countries including the United States will sign a cybercrime treaty.

WildernessCoast.org - Cybercrime Treaty Bibliography -- By Date. A wide collection of links that talk about the Cybercrime Treaty Same info sorted by title.

Council of Europe - Convention on Cybercrime.

The Convention on Cybercrime has been adopted by the Committee of Ministers during its 109th Session, on 8 November 2001 and will be opened for signature, in Budapest, on 23 November 2001.

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.

[ ... ]

But Fred Eisner, a consultant for the Dutch government and private companies, said the draft made unfair demands on Internet service providers by asking them to track Web users' online movements.

"This draft convention lacks balance," Eisner told the assembly. "The convention explicitly gives much more power to law enforcement agencies and it has no system of checks and balances."

Bruce McConnell, president of McConnell International, a Washington-based consulting firm, said the treaty should be more forceful in protecting the privacy of Web users who are already worried about being spied on.

"There is concern that the powers of surveillance ... are not balanced by comparable protections for individuals' privacy," he said.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that-although officially democratic now-don't have a strong traditions of checks and balances on police power.

Do you want investigators rummaging around your clients' computer systems on warrants issued by former Soviet bloc nations?

That's the prospect that has pushed AT&T Corporation and other high-technology companies into feverishly trying to stop or at least soften the treaty. The U.S. Chamber of Commerce and Information Technology Association of America also oppose it.

Stewart Baker is one of the chief lobbyists for the treaty opponents. As a former general counsel of the National Security Agency and recipient of the Department of Defense Medal for Meritorious Civilian Service, he's got street cred on these issues in corporate America.

What worries Baker and his colleagues? Consider the following hypothetical: A Los Angeles screenwriter corresponds by e-mail with a neo-Nazi in Germany while researching a script. Shortly after, he finds federal agents examining the files on his home computer. The agents also visit America Online Inc. to retrieve records of the screenwriter's AOL usage.

The agents are fulfilling a warrant issued by German authorities allowing them to search for Nazi propaganda. Such material is unlawful in Germany but not in the U.S. They framed their warrant in terms of "suspected terrorist activity."

LAW.com (requires cookies) - International Treaty on Cybercrime Poses Burden on High-Tech Companies.

Maybe you're a civil libertarian, and maybe you're not. Maybe you worry about how the United States exercises its vast investigative and prosecutorial powers, and maybe you don't.

But if you counsel U.S. corporations on computer-related issues, you should be concerned about a new proposed treaty known as the "Convention on Cybercrime." The Council of Europe, a 43-nation public body created to promote democracy and the rule of law, is nominally drafting the treaty. Curiously, however, the primary architect is the U.S. Department of Justice.

The Department of Justice and Federal Bureau of Investigation are using a foreign forum to create an international law-enforcement regime that favors the interests of the feds over those of ordinary citizens and businesses. Their goal is to make it easier to get evidence from abroad and to extradite and prosecute foreign nationals for certain kinds of crimes.

Maybe you trust the law-enforcement chiefs in D.C. to do the right thing. But here's the catch. The same new powers given to the United States will also be handed over to Bulgaria, Romania, Azerbaijan, and other Council of Europe nations that -- although officially democratic now -- don't have a strong tradition of checks and balances on police power.

[ ... ]

Stewart Baker, a partner at Washington, D.C.'s Steptoe & Johnson, is one of the chief lobbyists for the treaty's opponents. As a former general counsel of the National Security Agency and recipient of the U.S. Department of Defense Medal for Meritorious Civilian Service, he's got street credentials on these issues in corporate America.

Slashdot | Implications Of The International Cybercrime Treaty.

SiliconValley.com part of San Jose Mercury News - Pioneer cybercrime pact tightens privacy rules.

MS-NBC - Pioneer cybercrime pact tightens privacy rules. PARIS, May 25 -- Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed Friday.

[ ... ]

Against EU objections, it also limits the right of a country to reject a request from abroad to store and hand over data in potential crime cases if the requesting country thinks it could be misused.

The text says states should make sure that systems operators or other people who know how to use a certain system can be ordered to cooperate in any such a cyberprobe.

PARIS (Reuters) - Stiff criticism from the EU and pressure groups has prompted drafters of the world's first treaty against cybercrime to tighten provisions protecting privacy online, the final text showed on Friday.

The Council of Europe, a 43-state human rights watchdog, has amended the text to ensure police respect privacy rights when they follow digital trails to fight online crimes such as hacking, spreading viruses, using stolen credit card numbers or defrauding banks.

''The guarantees in the treaty have been reinforced,'' Peter Csonka, deputy head of the economic crime division at the Council's headquarters in Strasbourg, told Reuters after the Council posted the final text -- version 27 -- on its Web site.

But the treaty, which has aroused heated debate in cyberspace since its draft text became public last year, ignored calls by Internet service providers (ISPs) for fewer costly requirements on preserving data that could be linked to a crime.

It still accorded police wide powers to chase suspected cybercriminals -- powers some critics say go beyond what is legal in some Council member states or in observer countries like the United States, Canada and Japan due to sign the treaty.

ZDNet - Internet founder worried over EU cybercrime plans.

BRUSSELS --Vint Cerf, a founding father of today's Internet, said on Thursday that European Union plans for new rules to fight crime on the Web risked clashing with existing EU privacy regulations.

Cerf, who helped develop the Internet in the early 70s shortly after graduating from Stanford University and now works for WorldCom, said more secure network systems were an immediate priority for the successful development of the ubiquitous Web.

He told Reuters in an interview that Internet traffic should be retained only for billing purposes and was too cumbersome to be stored for police investigations.

Changes to a controversial treaty on cybercrime have done nothing to improve it, say civil liberty campaigners.

Next week, the Council of Europe will vote on the treaty, which has been redrafted 26 times before reaching its final version late in May.

The most recent changes were made to take into account the fears of civil liberty and privacy campaigners. But cyber-rights groups say the latest changes are purely cosmetic and have not diluted what they describe as its most pernicious sections.

The groups say that, if adopted in its current form, the treaty could lead to changes in legislation that would stifle rights to privacy and do little to curb the activities of law enforcement agencies.

[ ... ]

In December 2000, 23 organisations, banding together under the banner of the Global Internet Liberty Campaign (GILC), signed a letter condemning the 25th draft of the treaty as "appalling", and warned that it handed law enforcement agencies sweeping powers to snoop and could seriously erode online privacy.

Now, three civil liberty groups, the American Civil Liberties Union, the Electronic Privacy Information Center and Privacy International, have sent another letter to the Council of Europe outlining their "continuing concerns" over the wording of the treaty and saying that their fears have not been laid to rest.

The letter chastises the Council of Europe for refusing to open up the redrafting debates to non-governmental organisations and for, it says, ignoring the human rights and privacy concerns of organisations such as the GILC.

It goes on to say that the original criticisms still stand, and that the treaty does not pay enough attention to existing laws which safeguard human rights. It says the treaty's recommendations on protecting privacy are vague and do not go far enough.

IT industry gurus have branded the Council of Europe's Convention on Cybercrime 'foolish, unworkable and a legal con trick'.

The controversial treaty provides a blanket legislation to deal with all forms of internet crime from hacking to online pornography.

Caspar Bowden, director of internet think-tank FIPR, said: "The Convention is essentially a legal con trick, drafted in secret by a handful of nameless bureaucrats. It equates the internet - a network of private networks - with 'cyberspace', a metaphor from science fiction.

"By this sleight of hand, the internet is defined as a public space over which law enforcement should be granted unfettered powers of surveillance and extradition," he added.

International policy-makers this week ended a round of talks aimed at setting common rules affecting online trade and commerce, but they made little progress in bridging divisions that threaten to delay the pact.

In the works for nearly a decade, the Hague Convention on Jurisdiction and Foreign Judgments is still almost unknown outside international policy circles. Nevertheless, it could have broad implications for consumers and businesses by setting new rules for online copyrights, free speech and e-commerce--if it is approved.

Opposition to the treaty heated up Wednesday, when a two-week drafting session wrapped up with few concessions to critics, primarily from the United States, who say the pact threatens free speech and could force Internet service providers to become global content police.

"In a nutshell, it will strangle the Internet with a suffocating blanket of overlapping jurisdictional claims, expose every Web page publisher to liabilities for libel, defamation and other speech offenses from virtually any country, (and) effectively strip Internet service providers of protections from litigation over the content they carry," Jamie Love, director of Ralph Nader's Consumer Project on Technology (CPT), wrote in a report after the meeting.

The treaty is one of several efforts by the global community to grapple with a complicated legal issues on a borderless Web.

Four years ago, nations including the United States signed onto a World Intellectual Property Organization pact to protect copyright in the digital age. And several countries, including the United States, are hammering out the world's first cybercrime treaty, which would provide a standard for fighting online crime.

The Hague treaty differs from those efforts because it would not outline specific laws participants must follow. It's much broader, requiring participants to agree to enforce each others' laws on a variety of topics. As it stands, the treaty would require courts to enforce the commercial laws of the convention's 52 member nations, even if they prohibit actions that are legal under local laws.

BRUSSELS - The blueprint for a global code on Cyber-crime was agreed on in Strasbourg, France, Friday, paving the way for international rules governing online copyright infringement, online fraud, child pornography and hacking.

The 41 members of the Council of Europe (CoE), plus the U.S., Canada and Japan, signed on to a draft convention on cybercrime that is set to be rubber-stamped at ministerial level in September.

"Once adopted, the Convention will be the first international treaty on criminal offenses committed through the use of Internet and other computer networks," the Council of Europe said in a statement.

In September, the Council of Europe approved the Convention on cybercrime, a historic treatise that lays the foundation for legislation allowing for a greater sharing of information between countries to combat the rise of cybercrime.

The treatise isn't binding, but instead would have to be adopted into law by its 43 European member states and five outside countries including the United States, Canada and Japan.

The treaty is broad, covering crimes committed on the Internet such as fraud, child pornography and violations of computer network security. It also sets up global policing procedures for conducting computer searches, interception of e-mails, and extradition of criminal suspects.

More details on the CyberCrime Treaty can be found in the Privacy Digest archives dated September 26,2000, September 27,2000, October 09,2000, October 16,2000, October 18,2000, October 19,2000, October 25,2000, November 14,2000, November 20,2000, November 22,2000 and March 24,2001. This is not all the information at Privacy Digest and other sites so if you want to know more try a search

Could someone tell me, does this guy *actually* not understand that the first amendment doesn't cover Germany

, or, er, did he just vote for Bush?

yeah, he does seem US-centric.... but:

The european convention on human rights does cover germany, and does include freedom of expression provisions. All of the France & Germany anti nazi laws are coming under scrutiny atm, but another provision of the converntion is anti discrimination.

Ah, well who knows.

The following has the potential to outlaw current feedback system that keeps vendors providing patches for glaring holes in their products. See Bruce Schneiers CryptoGram.

If the interpretation of device is as wide as it was in the DeCSS/DMCA case, also discussion about vulnerabilities could be prosecuted. Not to mention the actual exploits that seem to be the only things that push some vendors to take action.

I live in Europe/Finland. Until now it has been mostly safe to distribute & possess things like DeCSS here, but that seems to be changing.

Quotes from the convention:
Article 6 - Misuse of devices

1. Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right:

a. the production, sale, procurement for use, import, distribution or otherwise making available of:

i. a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with Article 2 ? 5;

"EU government systems"

The EU has their Europa site running for a fair few years, but I wouldn't exactly call them a government, they have their parliaments and (largely unelected) members but their power is limited to arguing and bickering amongst themselves, they have no real impact on anybody apart from draining a few billion from the member states, but having a talking shop full of self-edifying people is cheaper than war.

The Council of Europe have quite a nice site too, it's very useful for finding out about their latest facist policies such as the cybercrime treaty. It's great for marveling how unelected groups can wield so much power. The CoE actually banned MEP's from their committies because they weren't invited to take part in forming policy, so you ban the already spuriously electec individuals from a nonelected group that decides your laws, shameless, how I love the EU.

Of course non of these sites are useful for practical matters such as paying taxes registering your child for school etc, because the EU doesn't actually do anything remotely practical apart from inventy abstract laws that are largely ignored by all member states apart from Britain or Germany.

I do however hold the technical groups such as the ETSI, Eureka in high regard.

(Usual IANAL disclaimer apply)

Well, actually, they do: the EU (or is it the Council of Europe?) has created a Human Rights Court, which is open to any European citizen.

If you (assuming "you" is a European citizen) believes your human rights have been violated by your (European) government, you have the right to appeal to the European Court of Justice -- but only after all legal recourse have exhausted in your country, which means quite a few years of legal fight.

Since "Free Speech" is a part of the Human Rights, I do believe a local European hacker would have a right to appeal to this court, especially since the study of, say, a copy-protection scheme would probably be within the limits of free speech, right to teach, (computer) research, etc...

So, yes, there is free speech protection within the EU -- it's just that racist remarks and neo-nazi propaganda are not accepted like they are in the US.

Please note that this is not necessarily easy: one has to go through a national legal fight before being able to appeal to the European Court of Justice. On the other hand, it has proven quite "liberal" (read: reasonable and leaning in the direction of individual freedom) in the past, so there is good hope, as far as I am concerned, that this recommendation will be overturned by a future decision.

You can find more information on the European Human Rights Court on its website.

On the other hand, I may be wildly optimistic... =)

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

_______________________________________
Don't blame Windows--if you were a Microsoft operating system, you'd have problems too.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

_______________________________________
Don't blame Windows--if you were a Microsoft operating system, you'd have problems too.

The jurisdiction article worries me most (Article 19). A country has jurisdiction over a communication if it has jurisdiction over any communicating party. This includes routers, so any Internet communication will be subject to the laws of all countries it may pass through. This is bad enough within Europe. For example, it would be illegal for a Spanish person to read a Greek historical site if a Nuremburg rally photo passes through Germany. It becomes even worse if, as planned, comparatively censorious countries like the USA, Australia, Singapore and China sign the treaty.