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This has been litigated to death, and searches at the border, essentially without limit, have been deemed reasonable. Indeed, for a little bit inside the border, the same applies.

Here, in the USA, "a little bit" means 100 miles (160.9 kilometers) inside the border... 2 out of 3 Americans live within 100 miles of the border; No, it does not matter if you have crossed the border or not many of your constitutional rights are null and void in this zone.

Your feds don't have any right here, in France. Bleh!
Sarkozy is a [This message was caught by Hadopi, the internaute is now banned from the Internet]

Now that you've posted you can't mod me up though. :)

"iRights" - Voting Machine Analysed, Found Wanting.

From the linked site:

The authors have done a security analysis of Diebold code that was downloaded from an open FTP site earlier this year. While the paper is technical, significant portions of it can be read easily by a non-computer scientist.

From the conclusion of the paper, Analysis of an Electronic Voting System, emphasis mine:

Using publicly available source code, we performed an analysis of a voting machine. This code was apparently developed by a company that sells to states and other municipalities that use them in real elections. We found significant security flaws: voters can trivially cast multiple ballots with no built-in traceability, administrative functions can be performed by regular voters, and the threats posed by insiders such as poll workers, software developers, and even janitors, is even greater. Based on our analysis of the development environment, including change logs and comments, we believe that an appropriate level of programming discipline for a project such as this was not maintained. In fact, there appears to have been little quality control in the process....

The model where individual vendors write proprietary code to run our elections appears to be unreliable, and if we do not change the process of designing our voting systems, we will have no confidence that our election results will reflect the will of the electorate....

And finally, the text of the Voter-Verifiable newsletter I received regarding this issue, which should appear on this page sometime (July 24, 2003):

"iRights" - Voting Machine Analysed, Found Wanting.

From the linked site:

The authors have done a security analysis of Diebold code that was downloaded from an open FTP site earlier this year. While the paper is technical, significant portions of it can be read easily by a non-computer scientist.

From the conclusion of the paper, Analysis of an Electronic Voting System, emphasis mine:

Using publicly available source code, we performed an analysis of a voting machine. This code was apparently developed by a company that sells to states and other municipalities that use them in real elections. We found significant security flaws: voters can trivially cast multiple ballots with no built-in traceability, administrative functions can be performed by regular voters, and the threats posed by insiders such as poll workers, software developers, and even janitors, is even greater. Based on our analysis of the development environment, including change logs and comments, we believe that an appropriate level of programming discipline for a project such as this was not maintained. In fact, there appears to have been little quality control in the process....

The model where individual vendors write proprietary code to run our elections appears to be unreliable, and if we do not change the process of designing our voting systems, we will have no confidence that our election results will reflect the will of the electorate....

And finally, the text of the Voter-Verifiable newsletter I received regarding this issue, which should appear on this page sometime (July 24, 2003):

• Privacy Digest: Wednesday, August 25, 1999.

  "CNN" - FCC to appeal court ruling vacating privacy regulations - August 25, 1999.

  A court ruling overturning federal protection of telephone customer records puts the interests of phone companies over the rights of consumers, a top federal regulator says.

  The Federal Communications Commission("FCC") plans to appeal the decision by the three-judge panel of the 10th U.S. Circuit Court of Appeals, which could enable phone companies to use information about customers for marketing purposes without obtaining their consent.

  "FCC" Chairman Bill Kennard said the court's decision to reject the commission's rules remove important protections to consumer privacy.

• Privacy Digest: Saturday, August 28, 1999.

  Political News from "Wired News" - Phone Records Up for Grabs?.

  A court ruling ( 98-9518 -- U.S. West Inc. v. Federal Communications Comm. -- 08/18/1999 ) with implications for the use and sale of private telephone records sets a disturbing precedent for how the courts regard privacy, watchdog groups say.

  But the Federal Communications Commission("FCC") will appeal last week's 10th Circuit Court of Appeals decision, which pleased those privacy groups.

  The ruling effectively canceled a vague "FCC" regulation that had forced phone companies to obtain customer permission before using or selling call records for marketing purposes.

• Privacy Digest: Monday, November 1, 1999.

  ACLU Press Release: 10-25-99 - Consumer and Privacy Organizations, Legal Scholars Urge Appeals Court to Protect Consumers' Telephone Privacy.

  In a friend-of-the-court brief filed today, 15 consumer and privacy organizations and 22 legal scholars urged a federal appeals court to reconsider a decision that would allow telephone companies to use private telephone records for marketing purposes.

  The groups, including the American Civil Liberties Union, said that the case is of great importance to consumers across the United States.

  The brief, filed in support of a petition from the Federal Communications Commission, asks the 10th Circuit Court of Appeals to uphold a privacy provision that was enacted by Congress in 1996 and implemented by the FCC.

• Privacy Digest: Monday, June 12, 2000.

  Political News from "Wired News" - Court Sides With Telcos on Info.

  The Supreme Court let stand Monday a ruling that overturned a federal regulation requiring telephone companies to obtain customer approval before using or disclosing information about their account for marketing purposes.

  The justices declined to review a ruling by a Denver-based U.S. appeals court that the FCC violated constitutional free-speech rights under the First Amendment when it adopted the regulation in 1998.

• Privacy Digest: Wednesday, August 25, 1999.

  "CNN" - FCC to appeal court ruling vacating privacy regulations - August 25, 1999.

  A court ruling overturning federal protection of telephone customer records puts the interests of phone companies over the rights of consumers, a top federal regulator says.

  The Federal Communications Commission("FCC") plans to appeal the decision by the three-judge panel of the 10th U.S. Circuit Court of Appeals, which could enable phone companies to use information about customers for marketing purposes without obtaining their consent.

  "FCC" Chairman Bill Kennard said the court's decision to reject the commission's rules remove important protections to consumer privacy.

• Privacy Digest: Saturday, August 28, 1999.

  Political News from "Wired News" - Phone Records Up for Grabs?.

  A court ruling ( 98-9518 -- U.S. West Inc. v. Federal Communications Comm. -- 08/18/1999 ) with implications for the use and sale of private telephone records sets a disturbing precedent for how the courts regard privacy, watchdog groups say.

  But the Federal Communications Commission("FCC") will appeal last week's 10th Circuit Court of Appeals decision, which pleased those privacy groups.

  The ruling effectively canceled a vague "FCC" regulation that had forced phone companies to obtain customer permission before using or selling call records for marketing purposes.

• Privacy Digest: Monday, November 1, 1999.

  ACLU Press Release: 10-25-99 - Consumer and Privacy Organizations, Legal Scholars Urge Appeals Court to Protect Consumers' Telephone Privacy.

  In a friend-of-the-court brief filed today, 15 consumer and privacy organizations and 22 legal scholars urged a federal appeals court to reconsider a decision that would allow telephone companies to use private telephone records for marketing purposes.

  The groups, including the American Civil Liberties Union, said that the case is of great importance to consumers across the United States.

  The brief, filed in support of a petition from the Federal Communications Commission, asks the 10th Circuit Court of Appeals to uphold a privacy provision that was enacted by Congress in 1996 and implemented by the FCC.

• Privacy Digest: Monday, June 12, 2000.

  Political News from "Wired News" - Court Sides With Telcos on Info.

  The Supreme Court let stand Monday a ruling that overturned a federal regulation requiring telephone companies to obtain customer approval before using or disclosing information about their account for marketing purposes.

  The justices declined to review a ruling by a Denver-based U.S. appeals court that the FCC violated constitutional free-speech rights under the First Amendment when it adopted the regulation in 1998.

• Privacy Digest: Wednesday, August 25, 1999.

  "CNN" - FCC to appeal court ruling vacating privacy regulations - August 25, 1999.

  A court ruling overturning federal protection of telephone customer records puts the interests of phone companies over the rights of consumers, a top federal regulator says.

  The Federal Communications Commission("FCC") plans to appeal the decision by the three-judge panel of the 10th U.S. Circuit Court of Appeals, which could enable phone companies to use information about customers for marketing purposes without obtaining their consent.

  "FCC" Chairman Bill Kennard said the court's decision to reject the commission's rules remove important protections to consumer privacy.

• Privacy Digest: Saturday, August 28, 1999.

  Political News from "Wired News" - Phone Records Up for Grabs?.

  A court ruling ( 98-9518 -- U.S. West Inc. v. Federal Communications Comm. -- 08/18/1999 ) with implications for the use and sale of private telephone records sets a disturbing precedent for how the courts regard privacy, watchdog groups say.

  But the Federal Communications Commission("FCC") will appeal last week's 10th Circuit Court of Appeals decision, which pleased those privacy groups.

  The ruling effectively canceled a vague "FCC" regulation that had forced phone companies to obtain customer permission before using or selling call records for marketing purposes.

• Privacy Digest: Monday, November 1, 1999.

  ACLU Press Release: 10-25-99 - Consumer and Privacy Organizations, Legal Scholars Urge Appeals Court to Protect Consumers' Telephone Privacy.

  In a friend-of-the-court brief filed today, 15 consumer and privacy organizations and 22 legal scholars urged a federal appeals court to reconsider a decision that would allow telephone companies to use private telephone records for marketing purposes.

  The groups, including the American Civil Liberties Union, said that the case is of great importance to consumers across the United States.

  The brief, filed in support of a petition from the Federal Communications Commission, asks the 10th Circuit Court of Appeals to uphold a privacy provision that was enacted by Congress in 1996 and implemented by the FCC.

• Privacy Digest: Monday, June 12, 2000.

  Political News from "Wired News" - Court Sides With Telcos on Info.

  The Supreme Court let stand Monday a ruling that overturned a federal regulation requiring telephone companies to obtain customer approval before using or disclosing information about their account for marketing purposes.

  The justices declined to review a ruling by a Denver-based U.S. appeals court that the FCC violated constitutional free-speech rights under the First Amendment when it adopted the regulation in 1998.

• Privacy Digest: Wednesday, August 25, 1999.

  "CNN" - FCC to appeal court ruling vacating privacy regulations - August 25, 1999.

  A court ruling overturning federal protection of telephone customer records puts the interests of phone companies over the rights of consumers, a top federal regulator says.

  The Federal Communications Commission("FCC") plans to appeal the decision by the three-judge panel of the 10th U.S. Circuit Court of Appeals, which could enable phone companies to use information about customers for marketing purposes without obtaining their consent.

  "FCC" Chairman Bill Kennard said the court's decision to reject the commission's rules remove important protections to consumer privacy.

• Privacy Digest: Saturday, August 28, 1999.

  Political News from "Wired News" - Phone Records Up for Grabs?.

  A court ruling ( 98-9518 -- U.S. West Inc. v. Federal Communications Comm. -- 08/18/1999 ) with implications for the use and sale of private telephone records sets a disturbing precedent for how the courts regard privacy, watchdog groups say.

  But the Federal Communications Commission("FCC") will appeal last week's 10th Circuit Court of Appeals decision, which pleased those privacy groups.

  The ruling effectively canceled a vague "FCC" regulation that had forced phone companies to obtain customer permission before using or selling call records for marketing purposes.

• Privacy Digest: Monday, November 1, 1999.

  ACLU Press Release: 10-25-99 - Consumer and Privacy Organizations, Legal Scholars Urge Appeals Court to Protect Consumers' Telephone Privacy.

  In a friend-of-the-court brief filed today, 15 consumer and privacy organizations and 22 legal scholars urged a federal appeals court to reconsider a decision that would allow telephone companies to use private telephone records for marketing purposes.

  The groups, including the American Civil Liberties Union, said that the case is of great importance to consumers across the United States.

  The brief, filed in support of a petition from the Federal Communications Commission, asks the 10th Circuit Court of Appeals to uphold a privacy provision that was enacted by Congress in 1996 and implemented by the FCC.

• Privacy Digest: Monday, June 12, 2000.

  Political News from "Wired News" - Court Sides With Telcos on Info.

  The Supreme Court let stand Monday a ruling that overturned a federal regulation requiring telephone companies to obtain customer approval before using or disclosing information about their account for marketing purposes.

  The justices declined to review a ruling by a Denver-based U.S. appeals court that the FCC violated constitutional free-speech rights under the First Amendment when it adopted the regulation in 1998.

• Privacy Digest: Wednesday, August 25, 1999.

  "CNN" - FCC to appeal court ruling vacating privacy regulations - August 25, 1999.

  A court ruling overturning federal protection of telephone customer records puts the interests of phone companies over the rights of consumers, a top federal regulator says.

  The Federal Communications Commission("FCC") plans to appeal the decision by the three-judge panel of the 10th U.S. Circuit Court of Appeals, which could enable phone companies to use information about customers for marketing purposes without obtaining their consent.

  "FCC" Chairman Bill Kennard said the court's decision to reject the commission's rules remove important protections to consumer privacy.

• Privacy Digest: Saturday, August 28, 1999.

  Political News from "Wired News" - Phone Records Up for Grabs?.

  A court ruling ( 98-9518 -- U.S. West Inc. v. Federal Communications Comm. -- 08/18/1999 ) with implications for the use and sale of private telephone records sets a disturbing precedent for how the courts regard privacy, watchdog groups say.

  But the Federal Communications Commission("FCC") will appeal last week's 10th Circuit Court of Appeals decision, which pleased those privacy groups.

  The ruling effectively canceled a vague "FCC" regulation that had forced phone companies to obtain customer permission before using or selling call records for marketing purposes.

• Privacy Digest: Monday, November 1, 1999.

  ACLU Press Release: 10-25-99 - Consumer and Privacy Organizations, Legal Scholars Urge Appeals Court to Protect Consumers' Telephone Privacy.

  In a friend-of-the-court brief filed today, 15 consumer and privacy organizations and 22 legal scholars urged a federal appeals court to reconsider a decision that would allow telephone companies to use private telephone records for marketing purposes.

  The groups, including the American Civil Liberties Union, said that the case is of great importance to consumers across the United States.

  The brief, filed in support of a petition from the Federal Communications Commission, asks the 10th Circuit Court of Appeals to uphold a privacy provision that was enacted by Congress in 1996 and implemented by the FCC.

• Privacy Digest: Monday, June 12, 2000.

  Political News from "Wired News" - Court Sides With Telcos on Info.

  The Supreme Court let stand Monday a ruling that overturned a federal regulation requiring telephone companies to obtain customer approval before using or disclosing information about their account for marketing purposes.

  The justices declined to review a ruling by a Denver-based U.S. appeals court that the FCC violated constitutional free-speech rights under the First Amendment when it adopted the regulation in 1998.

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

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

I think this would be a good idea but don't know if there's anyone with the resources to undertake the task. If you could make a business out of it, like maybe Enonymous' Privacy Ratings site, then that might work. I'd monitor it if there was such a site. Maybe someone would want to run something like FuckedCompany.Com but concentrate on slippery privacy practices.

I've found that PrivacyDigest and WebVeil do a pretty good job of keeping abreast of the news. Privacy Digest is better because it is more comprehensive, but WebVeil is selective, seeming to focus on privacy for consumers specifically rather than everything that is privacy under the sun. Otherwise, I just pay attention to and filter what the paranoids are saying in alt.privacy or check on the privacy issues section of Yahoo and Wired.