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Cybercrime and Patents in Europe

Posted by michael on from the what-you-dont-know-can-hurt-you dept.

Hairy1 writes: "The Council of Europe has been working on a Cyber Crime Treaty for some time. The final version is now available, and makes interesting reading." The submitter points out that treaty signers will be obligated to create legislation, as the UK already has, to force people to disclose passwords and encryption keys to the authorities. The U.S. may well sign this treaty - we've participated in the drafting process. On a slightly different note, people are up in arms because the European Patent Office has decided, apparently on its own, that software programs are patentable. Update: 11/09 15:23 GMT by M : A reader sent in this interesting bibliography of the treaty's history.

4 of 141 comments (clear)

  1. Patents by iBod · · Score: 4, Informative

    The Register has a piece on the patents issue here...
    Eurolinux goes ballistic over Euro patent 'coup'

  2. RIP in UK by Martin+Spamer · · Score: 3, Informative

    This site details RIP (the Regulation of Investigatory Powers Act (2000)), which has nothing to do with reglation, but with allows unwarrented searches of computer data, without the data holders knowledge or permission.

  3. What to do for us EU citizens? by 4im · · Score: 5, Informative

    So, what can we (EU citizens) actively do?

    I've already signed the EuroLinux Petition

    Maybe a membership with FSF Europe?

    What else? Find politicians that'll listen?

  4. Legal basis by TheSHAD0W · · Score: 3, Informative

    The legal theory behind this law is that the encryption around a file is equivalent to a safe holding a document. If the authorities have a warrant to search the contents of that safe (or the contents of that location, for that matter), they will ask you for the key.

    The difference is, of course, that if you don't give them the key, they can cut open a safe. With data under a high level of encryption, they can go spit. So instead, a judge issues an order requiring you to disclose your password, and if you refuse, you're held in contempt and jailed indefinitely. Never mind the conflict with the 5th Amendment; they want to search your (virtual) personal papers, and you aren't allowed to stop them.

    (As an aside: The FBI wanted passwords to files they got from Kevin Mitnick's hard drive, the last time they caught him. Mitnick refused to provide them... But on Mitnick's release, the judge ruled that Mitnick couldn't have his files back, since he couldn't prove they didn't contain pirated information. I'd call it a violation of 4th Amendment rights.)

    As to whether such a law would hold up in court, for that we'll just have to wait.