Cybercrime Treaty Signed

lam0r writes: "I can't find a newslink for this, but CNN had on their news ticker that 37 nations, including the United States, had signed a treaty designed to make tracking and prosecuting 'hackers' easier and more efficient. What exactly is defined as 'hacker' is something I haven't been able to find out. ... Why was the public not made aware of this until it was done? Anyone know more about this item than me?" This is the Cybercrime Treaty, which was signed today by 30 nations and which we have posted about before. This analysis is probably the best so far - it might be a little out of date since the treaty has been revised once or twice since it was written, but the basics are still the same.

Comments

Re:Turning the world into a police state

[magicslax]

In Iraq you can't own a typewriter without a military lisence, much less a modem. Coming from an expatriot Iraqi family myself, trust me when I say you have more freedom, even when it _is_ restricted, than you realize. That said, this is Not Cool TM.

what am i, chopped liver?!

[vsync64]

From the article:

The Justice Department responds by noting that, since last April, it has made numerous presentations and met repeatedly with business and other private-sector interests. It is "about as open a process as I can think of," says Betty Shave of Justice's computer crime and intellectual property section, who has represented the department in negotiations.

So now getting corporate approval is the most open process available. I think I'm going to go be ill now.

Re:Hacking WITH permission

[Anonymous Coward]

No it does not. Did you read the legislation before you posted this nonsense? Whoever modded this knee-jerk post up should read it too! This will get you started maybe:

2. This article shall not be interpreted as imposing criminal liability where the production, sale, procurement for use, import, distribution or otherwise making available or possession referred to in paragraph 1 of this Article is not for the purpose of committing an offence established in accordance with articles 2 through 5 of this Convention, such as for the authorised testing or protection of a computer system.

So read the article, then post your hysteria please. As bad as this is, it does not make it illegal to perform security related services or consulting.

Keep in Mind...

[apc]

That citizens of the US get two shots at opposing this treaty. Under Constitutional law, you need a *2/3* majority in the Senate to pass a treaty. (Such basic bits of International Law as the 1965 Vienna Convention on Treaties, which defines standards for, well, treaties, have never been passed by the US Senate) It's hard to get 2/3 of the Senate to agree on anything, including Evil Nefarious Hackers.

We also get a second shot, since this treaty requires enabling legislation to operate. (ie, in legalese, it's not self-executing) Let's get organized, people. Call (and I guess email, since written letters are being ignored because of the anthrax attacks) your Senators (to start with), and if that doesn't work, call your congresspeople.

-APC
(IANALY, but am about six weeks away from a post-grad degree in International Law prior to taking the bar)

Re:Directv???

[hearingaid]

It's not legal in Canada to intercept DirecTV. It's just hard for DirecTV to prosecute Canadian pirates.

If you receive a broadcast signal in Canada that hasn't been approved by the CRTC, you're violating the Broadcasting Act. The problem for DirecTV is that the CRTC has to prosecute under the Act; since they don't have a legal right to broadcast in Canada, it's hard for them to sue under the Copyright Act, although pirates violate it as well. Unfortunately for DirecTV, Canada isn't Singapore, and in order to go after pirates under the Copyright Act, they have to show damages, usually in the form of lost revenue.