U.S. And EU Ready International Cybercrime Treaty

Nightspore writes: "Yes, while you slept last night another supra-governmental body was hard at work readying a shiny new set of chains for you. Read more on how the US and EU are putting the finishing touches on their international cybercrimes treaty. The treaty will force all signatories (i.e. your government) to make illegal the 'import and distribution of devices used for hacking.' Signatories also would be required to 'provide law enforcement authorities with the ability to conduct computer searches and seize computer data.' "

Comments

More than just the US and EU

[scowling]

The title of this article is a little misleading; in fact, the pact involves the US, Canada, Japan, South Africa, and the Council of Europe (which is a 41-country body which makes loose policy on every topic except for defense.

The Council of Europe is, therefore, more far-reaching than the EU as it includes all of those countries that didn't join the EU (like Norway). Even Moldavia and Liechtenstein are on the Council.

So, essentially, this is even worse that you might have thought. There is pretty much no "western data haven" to work from.
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Re:Reminder: treaties supercede constitution NOT

[1010011010]

Treaties do not supercede the constitution, as it, and only it, is the supreme law of the land.

Article 1, Section. 10,Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

Article 2, Section 2, Clause 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Article 3, Section 2, Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note 10)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

And the kicker:

Article 6, Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

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