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U.S. Considering Ratifying Cybercrime Treaty

waytoomuchcoffee writes "SecurityFocus has a new article on the Council of Europe's "Convention on Cybercrime". The U.S. has already signed the treaty, but it has not yet been ratified by the Senate (although President Bush has written a letter urging the treaty's passage). This treaty, among other items, would require the U.S. to "cooperate with foreign authorities" in conducting surveillance on American citizens who have committed no crime under U.S. law, but may have broken another country's law (selling historic Nazi posters on Ebay? Germany might have you wiretapped), prohibiting the "production, sale or distribution of hacking tools", whatever that means (would Nmap be illegal?) and require the U.S. to pass laws to "force users to provide their encryption keys" and the plain text of their encrypted files. Canada is a signatory as well."

67 of 535 comments (clear)

  1. New Slashdot Category: by Jediman1138 · · Score: 4, Insightful
    Your Dwindiling Rights Online.

    --

    nothing.can.stop.me.now

    1. Re:New Slashdot Category: by Anonymous Coward · · Score: 1, Insightful

      Right; it goes along with all the other 'new categories' coming out of the Bush administration.
      'Patriotism': calling anyone disagreeing with you a 'traitor.'
      'Privacy': Ashcroft et al are free to monitor your personal and private records and communications.
      'Freedom': The use of 'your' computer, multimedia, or communication devices will be narrowly limited to whatever Bush's corporate sponsers decide -- and don't ask them what that means, or you are a traitor.
      If North Korea or the Taliban deem you a criminal, we'll just hand you over.
      And I thought the Bircher's were whacko!
      Stay tuned.

    2. Re:New Slashdot Category: by persaud · · Score: 5, Insightful

      Your Dwindling Protections Online.

      Your Rights haven't changed.

    3. Re:New Slashdot Category: by Darby · · Score: 4, Insightful

      Last time I checked, it seems the only rights you have in the U.S. are to privacy and to not be offended.

      Neither of these are guaranteed by the U.S. Constitution.


      Not true.
      All rights with a very few exceptions are guaranteed by the Constitution. The bill of rights was merely an add on addendum which a lot of people disagreed with the necessity for at the time. It is a sad eulogy to those who forced it through that they were right to do it.

      The constitution is mainly a granting of a few closely restricted powers granted to the government.

      All other rights are yours.

      You can define what it means to be a good American in one sentence from the Declaration of Independence:
      "We hold these truths to be self evident, that all men are created equal."

      The biggest problem we face is (IMHO) the lack of the courage among too many in this country to live up to this creed.

      None of this, of course, goes against your statement, "...tell that to the government that's imprisoned you."

    4. Re:New Slashdot Category: by LuYu · · Score: 3, Insightful

      Last time I checked, it seems the only rights you have in the U.S. are to privacy and to not be offended.

      Neither of these are guaranteed by the U.S. Constitution.

      U.S. Constitution:

      Amendment [IV] The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Check again.

      --
      All data is speech. All speech is Free.
    5. Re:New Slashdot Category: by HeLLFiRe1151 · · Score: 3, Insightful

      You'll get my encryption keys, when you pull them out of my cold dead hands.

      --
      I've got 101 mod points and you can't have them!
    6. Re:New Slashdot Category: by Demogoblin · · Score: 1, Insightful

      You don't need to quote from anything. It's called the 9th Amendment to the Constitution.
      If you don't know your rights, you don't have any.
      If the government tries to take it away, it's our responsibility to tell them to shove it.

    7. Re:New Slashdot Category: by ConceptJunkie · · Score: 4, Insightful

      Absolutely. It is elegant in its conciseness.

      Furthermore, as was stated above, it guarantees preexisting rights. It does not, as many people seem to think, grant those rights. Of course, thanks to an absurdly broad interpretation of the so-called Interstate Commerce clause, the original intent of the Founding Fathers has been subverted to fuel a monstrous centralized government that tries to control all aspects of our lives. (Of course, despite that I think the U.S. is still overall a good place to live, but if we aren't careful it won't stay that way).

      The U.S. Constitution is a beautiful document, written by men whose wisdom has seldom been matched in the history of the world, but is very quickly being eroded into irrelevancy by simple-minded, power-hungry politicians who would argue the meaning of the most simple and obvious words, or carelessly loophole our rights away in the interests of "protecting" us.

      We will all be perfectly safe the same day we all become criminals.

      --
      You are in a maze of twisty little passages, all alike.
    8. Re:New Slashdot Category: by u-235-sentinel · · Score: 5, Insightful

      Man. What ever happened to "We the People"?

      require the U.S. to pass laws to "force users to provide their encryption keys"

      I can't believe we're agreeing to this. What are they thinking?

      "The treaty is already being used as a pretext in some developing nation to pass some pretty draconian laws," he said. "I wouldn't be surprised to see it used in the U.S. that way."

      And we're thinking of ratifying this? We can already see what other countries are doing with it. How bad does it have to get before we force the Government to stop this madness. I'm serious. This is getting bad and has to stop. DeMoCrAt along with Patriot Act and now this? It's frustrating.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    9. Re:New Slashdot Category: by geminidomino · · Score: 2, Insightful

      Congratulations. Say hello to Bubba when they throw you in prison for contempt of court and obstruction of justice.

      That said, I agree 100%

    10. Re:New Slashdot Category: by westlake · · Score: 3, Insightful
      The Founders were never of one mind about what direction the future should take. Though we have become the commercial society that Hamilton imagined and not the agrarian utopia of Jefferson.

      There is no easy way to read a document two centuries old in a way that gives it meaning in a world profoundly changed.

      It is a mistake to look at the Commerce Clause alone and ignore the significance of the Fourteenth Amendment and the consequences of the Civil War. Since then the federal government, the central government, has always been free to become as big and powerful within constitutional limits as it needed and wanted to be,

    11. Re:New Slashdot Category: by arivanov · · Score: 2, Insightful

      Well, welcome to jail for the crime of not handing in your keys.

      2 years in Britain according to the RIP act, many other countries have similar provisions. IMO I have nothing against this provision if these were the subject of the standard search and seize court order procedures (which at least in the UK is not the case).

      In btw, if you have any objections to applying search and seize court procedures to crypto keys all you need to think about is the day when all accounts will become fully electronic. And 256bit AES without the keys IMO is the best shredder the money can buy.

      Handing in your keys has to become a normal procedure in a digitized world. But it has to become equivalent to handing in your passport or the physical keys from the company accounts files. There are well established standards for issuing a search order, arrest order and posting a bail in almost all countries in the world. If crypto keys will become treated in according to _THESE_ procedures I can only appload, because this will mean that the world has finally gone digital.

      Unfortunately, that is still not the case because the congress and MPcritters think that the digital nature makes them somehow different.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    12. Re:New Slashdot Category: by Anonymous Coward · · Score: 2, Insightful

      The U.S. Constitution is a beautiful document, written by men whose wisdom has seldom been matched in the history of the world,

      Ah yes, those wise, slaveholding hypocrites...

    13. Re:New Slashdot Category: by Anonymous Coward · · Score: 1, Insightful

      Ssh! It seems it's bad form to remind Americans that their founding fathers were wealthy slave owners looking to protect the status quo.

    14. Re:New Slashdot Category: by Zenmonkeycat · · Score: 2, Insightful
      You have the right to be investigated for donating to charities. You have the right to view movies or listen to music you own only on the player for which it was released. You have the right to be arrested and sent to a military base in Cuba indefinitely for no apparent reason, and never be told why. You have the right to be sued by a corporation for using software written by friends of yours. You have the right to be married to someone you love, so long as their plumbing down below is different from yours. You have the right to have property taken by the FBI or Secret Service, without them having to tell you what they took, or why. You have the right to be forbidden from seeing breasts on TV, both in living and statue form. You have the right to have your child's public school funding taken away and given to private schools, even if you don't have enough money to send your child there anyway. And you have the right to vote, so long as you use insecure electronic machines made by a company whose CEO promised to deliver Bush the White House in 2004.

      I never thought my freedom would ever be qualified by "if, and only if" statements.

      At least I have the right to legal representation, and the right to remain silent.

      --

      *****
      Dear Mary,
      I yearn for you tragically,
      A.T. Tappman, Chaplain, U.S. Army.

    15. Re:New Slashdot Category: by ratamacue · · Score: 4, Insightful
      We will all be perfectly safe the same day we all become criminals.

      We already are criminals, and we are hardly safer for it. The law is so overly complex and ambiguous that it is literally impossible NOT to be a criminal. Why has the law been designed this way? The answer is simple.

      There's no way to rule innocent men. ...When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers. ...Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with.

      -- Ayn Rand, Atlas Shrugged

  2. Like Australia by sweet+cunny+muffin · · Score: 3, Insightful

    I remember when the US was trying to get a guy out of Australia (can't remember who or find the article - sorry) and people said that the US would never do anything like release someone who had comitted a crime over the internet, breaking a law in another country.

    Proves you wrong.

  3. Er... by Anonymous Coward · · Score: 5, Insightful
    Why do we have to give them our encryption keys? This makes no sense.

    Do they have to find evidence on you first? I mean, they won't just go around asking for everyone's encryption key, so that they can find the evidence can they?

    Encryption are the walls of my digital home. Anything I encrypt is private property. I feel this might set a very bad precedent if we are required to give the gov't our encryption keys..

    1. Re:Er... by Manip · · Score: 5, Insightful

      If you think about it, giving them our encryption keys is kind of like guilty until proven innocent isn't it, if they assume we are all criminals and ask us to prove we are not (by showing them our cards). I don't really understand how any country can justify this...

    2. Re:Er... by SharpFang · · Score: 4, Insightful

      ...and then their "microsoft-sponsored" boxes get compromised and some real criminals lay their hands on your keys.
      I don't quite believe the government can keep my keys as safe as I keep them.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    3. Re:Er... by the_mad_poster · · Score: 3, Insightful

      When cops pick you up to question you about some crime, they already assume you had something to do with it, or know something, you have to prove you don't, that your completely innocent as regards whatever they're investigating.

      Yea, right. That's why the last time I got picked up and questioned, I didn't get charged, I was never in a situation where I had to do anything other than cooperate voluntarily, and they basically treated the whole thing as "look, we have to do this, this, and this, we'll get it done as quickly as possible and let you get on with your life because this is wasting our time too".

      That attitude must be really pervasive in people who think they have a guilty party, huh?

      Or, were you just talking out of your ass?

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    4. Re:Er... by jrockway · · Score: 3, Insightful

      Isn't giving the government your encryption keys like testifying against yourself? And isn't that not required by the fifth amendment?

      Here's my key: Oops I forgot it. All this stress does that to you, you know. You can try guessing it though, there are only 2^1024 possibilities.

      --
      My other car is first.
    5. Re:Er... by joe_bruin · · Score: 4, Insightful

      Isn't giving the government your encryption keys like testifying against yourself? And isn't that not required by the fifth amendment?

      no. think of your encrypted data as a safe. when the police come to you with a warrant to search your stuff, you are obliged to open the safe for them. if you fail to do, they can put you in jail, indefinitely, without a trial, until such a time as you comply with the warrant (ie, give them the combo), or they manage to crack the safe without your help. and that time doesn't count towards time served when they finally do get your data.

      now... there are some ways around this.
      if you had a safe the police didn't know about, you are not required to tell them that it exists. if your hard-drive is filled with what appears to be random garbage, but contains multiple encrypted slices (that cannot be detected without their respective magic keys), you can have plausible deniability to claim that some don't exist. there is an open source project that does this (i forget the name). it's still technically failing to comply with the warrant, but they can't hold you because they can't show that you are failing to comply.

      but if you're going to be sitting around a prison cell waiting for them to crack your 1024bit key, you might as well give them the evidence. you might get out of jail faster after serving your sentence.

      of course, ianal, ymmv, don't get your legal advice on slashdot.

  4. Net no long Wild-West by Manip · · Score: 4, Insightful

    The net is like the wild-west.. with no laws or very little.. I think we are coming to an end of that time, soon we will need corp authorization to write e-mail and have to pay to put any content only.. sad day. Also, how.. realistically could we even provide them with our encryption keys? Also couldn't they be used for political gain??

  5. Re:Isn't this redundant? by 0123456 · · Score: 5, Insightful

    Why should they cooperate for something that's not a crime in America? Should they cooperate if, say, the Saudi police were investigating you for putting pictures of your girlfriend in a bikini on your web site, for example?

    The simple fact is this law would be nonsense, but a great way for the US government to harass Americans: you can't legally harass a US citizen? No problem, just ask your mates in Germany to ask you to do so.

  6. More laws, just what we need by Anonymous Coward · · Score: 2, Insightful

    Now not only do you have to keep track of the laws in the country which you live in but also the laws of all countries who've signed this "Cyber treaty".

    I remember reading here before about how you make a lot of laws and reinforce them selectively depending on who you want to take down to earth. Well it just got even easier.

  7. Re:The Worm Turns... by nomadic · · Score: 2, Insightful

    Funny, but people around here have been complaining about the laws our government imposes on other countries for years. And the term is American, not USian--using the latter just makes you sound foolish.

  8. Re:Isn't this redundant? by LostCluster · · Score: 4, Insightful

    Why should they cooperate for something that's not a crime in America? Should they cooperate if, say, the Saudi police were investigating you for putting pictures of your girlfriend in a bikini on your web site, for example?

    If you did so from within Saudi Arabia, sure. In order to break the laws of a another land, you have to be there at the time. Otherwise, their laws don't apply to you.

  9. emigration.. by lordsilence · · Score: 2, Insightful

    In the past people immigrated to the country of the free (USA) to gain true freedom, democracy and basic human rights. When those rights have been removed to increase the profit of corporation US. Will people move to Norway? No EU, no cyber treaty and they've also got their own oil! What else is there to ask for?

  10. what?! by Anonymous Coward · · Score: 1, Insightful

    Isn't this the same guy who did not want America (especially soldiers) to be under the thumb of international and UN courts? I fucking hate the UN and agree on that part, but then to turn around and give our rights away to other countries wholesale?!

  11. The threat posed by treaties by mariox19 · · Score: 5, Insightful

    It seems that this whole notion of using treaties for anything other than marking out jurisdiction over the lands and seas, or codifying who gets what at the end of a war is a huge threat to a nation's sovereignty, and, in a democratic country, the ultimate sovereignty of a country's citizenry.

    The Kyoto treaty, NAFTA, and all other economic treaties are ways of sneaking in through the back door (in the United States) laws that would never be passed through legitimate means. The House of Representatives is totally left out of the loop, bypassing our most democratically representative body.

    Now, apart from economic treaties, the U.S. will play handmaiden to the enforcement of foreign criminal statutes (while other countries do likewise).

    This is bullshit!

    Politicians are at a loss to know what to do in the face of a world rapidly being transformed by technology, and international communication and commerce; but, in an effort at being seen as "doing something about the problems of today's world" are rushing to pass laws, the consequences of which can neither be foreseen nor easily undone.

    And we're the ones who are going to have to live with it.

    --

    quiquid id est, timeo puellas et oscula dantes.

    1. Re:The threat posed by treaties by KarmaMB84 · · Score: 4, Insightful

      What he means is that the treaty promises that the US will pass laws to enforce its provisions. The question is what happens if the House refuses to pass such laws. I imagine that if the Senate and President somehow *force* laws through that the whole treaty may be effectively struck down by the Supreme Court on grounds that the President and Senate don't have the right to sign away the House's role in lawmaking or the Constitutional rights of citizens.

    2. Re:The threat posed by treaties by beakburke · · Score: 2, Insightful

      Question, why us the US, or any other country for that matter obligated to sign a treaty just because YOU think it's such a good idea? That's why treaties have to be signed and ratified before they have force of law in the US. I'm sure I can come up with a list of treaties that Canada or the UK or France or.... haven't signed too. But that's not the point. The point is that a country has the perogative not to sign a treaty if they don't want to. Otherwise why sign them, why not just have the UN dictate terms to everyone, see how simple that would be. But of course I don't think you'd like that result. Never give your best friend a power you would never want your worst enemy to have.

      --
      ----- Question authority, but not ours. Hate the man, but we're not him.
  12. Re:Isn't this redundant? by LostCluster · · Score: 3, Insightful

    if I'm standing across the mexican border, and you are on the US side, and I take you out with a high-powered rifle... and then I head on over to disneyland....

    I have broken no US laws, right? Because I wasn't in the US at the time?


    Right. You would have broken Mexican laws. The American authorities would arrest you and return you to Mexico for trial.

  13. The Silver-Lining Is... by Anonymous Coward · · Score: 2, Insightful

    ...that all those arch conservatives who berate the anti-Bush faction here at Slashdot still believe -- as all supporters of repressive laws do -- that it won't apply to them!

    They always seem to assume that they'll be issued with an I Voted for GWB windshield sticker, which will get them saluted through the random police roadblocks and checkpoints, and they'll be given some amazing new technology which will mark their network packets as One of Us: Do Not Sniff...

    I can't wait to see their faces when they are standing naked in line next to the rest of us awaiting the body cavity search...

  14. Re:Circumvention of the Constitution? by erroneus · · Score: 5, Insightful

    Okay, for one, at the whim of another government you can now have your privacy invaded due to suspicion of a crime that isn't even a crime in this country. This is giving up our right to due process, the right to illegal search and seizure and probably other stuff I haven't thought of yet. Next it puts people we don't pay or elect in control of our interests.

    I don't think our lawmakers and governing folk have the right to sign away our rights via international treaty like that.

  15. "hacking tools"? by panxerox · · Score: 4, Insightful

    um since most "hacking" is done via phone (social attack). do we have to get rid of phones?

    --
    "It's so convenient to have a system where everyone is a criminal" - A. Hitler
  16. bad standards by spiritraveller · · Score: 4, Insightful
    Bush refused to sign the treaty for the International Criminal Court, because he can't stand the hypothetical possibility of our soldiers being prosecuted for war crimes.

    But when it comes to the privacy and free speech rights of American civilians, he could give a shit. Say, why do we have soldiers again?

    Funny me, I always thought it was to protect our Freedoms(tm).

    1. Re:bad standards by mrBoB · · Score: 4, Insightful

      First of all, mod this guy up. Second of all, the problem with Bush on "cybercrime" is basically the same as every other politician... he doesn't have any competant advisors advising him on the subject. (I'd further argue that none of his advisors on any topic are competant, but that belongs in another forum ;-) )

      You're quite right regarding the ICC. Basically he cannot see that his issue with the ICC is exactly the same as his issue _should_ be with this cybercrime treaty. If an American is not breaking the laws of the United States, why should he be held to another country's, perhaps, lower standards?

      I'm not saying that the U.S. Gov't shouldn't help arrest a an American bank fraud for the French... But I am saying that a Chinese defector seeking political asylum and citizenship in America shouldn't have to worry about China asking for the U.S.'s help in bringing him back.

      This arguement basically gets down to the "dual criminality" provision the DoJ says is missing. If it were me drafting/revising the treaty, I'd put that in there. As an American, I would not want an _INTERNATIONAL_ treaty relegating my Constitutional protections to a _clause_!

      At the same time, we geeks still need to deal with our individual congressmen and senators to remove the Big Brother provisions strewn about in our U.S. Code. Why should decent, law-abiding Americans even have the worry of foreign, or our own government, sticking their proverbial noses in our affairs? Must every means of criminal investigation be codified? The FBI should _not_ have blanket access to any ISP's infrastructure where they can (for lack of a better term) etherape an entire ISP's clientele... There _must_ be a technical way, as well as legal restrictions, on how law enforcement may collect information for investigations.

      As usual... my 0.02
      -Robert

    2. Re:bad standards by demachina · · Score: 3, Insightful

      To be honest I can't really stomach America or the average American, American bars or bowling alleys anymore. I was living in Canada for the longest time, should have stayed there. Gotta move out of the U.S. soon. The pubs in Canada are wonderful, friendly places full of friendly unpretentious people for the most part as long as you don't make it obvious you're American. They really seem to dislike Americans for the most part though they are such nice people on average, they are even nice to them. It is a national sport to cheat American's given the opportunity. The nearly universal synonym for Americans...arrogant, dumb and arrogant which is a bad combination.

      Its just something about the American way that rings hollow as you get older and more aware of the way the world really is. Go to the bowling alley, down some beers, get drunk, do your best to remain ignorant about the screwed up mess your country is. Pretend your country is a saint, defending "Freedom and Democracy" around the world, never does anything wrong. As long as you've got yours screw the world. Kill all the ragheads, they are barely human anyway. Camel jockeys. American's are just well superior, civilized. Denial.

      That would be an OK approach for you to take as far as I'm concerned, if America just screwed up itself but unfortunately its screwing up the rest of the world too.

      Maybe you should try traveling a little, and I don't mean going to a resort hotel in the tropics. Try meeting some real people in the rest of the world. especially some that have been on the losing end of America's goodwill, unfortunately they don't always live in the premium vacation spots. Maybe you should try Haiti, its tropical at least.

      If you were to travel the world today I think you might find more people hate you than like you just because you're American. They really hate George W. Bush, but they pretty much have to hate you to because your letting him trample the world while your getting drunk at the bowling alley, pretending everything is wonderful in the world and cheering him on.

      Maybe you should join the Marines and do your part, kill some ragheads?

      --
      @de_machina
  17. Re:Isn't this redundant? by Pseudonym · · Score: 3, Insightful

    Interestingly, there have been long-running court cases which had to decide questions exactly like this. Here in Australia, we had a case where someone on one side of a state border was shot from the other side, and the courts had to decide whose laws it broke.

    In that case, the court found that the murder occurs in the place where the death occurs. I'm not sure about US/Mexican law, but it'd be a hell of an interesting case to follow.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  18. Found it by spellraiser · · Score: 3, Insightful

    Please cite the section that makes it criminal to posess a "hacking device".

    This seems to fit the bill:

    [Begin Quote]

    Article 6 - Misuse of devices

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

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

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

    2. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offences established in Articles 2 - 5; and

    b. the possession of an item referred to in paragraphs (a)(1) or (2) above, with intent that it be used for the purpose of committing any of the offences established in Articles 2 - 5. A Party may require by law that a number of such items be possessed before criminal liability attaches.

    [End Quote]

    Note that this also applies to passwords and other data. Interesting.

    --
    I hear there's rumors on the Slashdots
    1. Re:Found it by LostCluster · · Score: 2, Insightful

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

      2. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offences established in Articles 2 - 5; and


      Hmm... that doesn't say "Hacking"... "the offences established in Articles 2 - 5". What are those?

      Article 2 - Illegal access
      Article 3 - Illegal interception
      Article 4 - Data interference
      Article 5 - System interference

      Those are four nicely defined crimes that should be criminal. That's not quite all of hacking...

    2. Re:Found it by spellraiser · · Score: 2, Insightful

      Ah yes, I see what you mean now.

      Your beef is that people are confusing hacking with cracking yet again. I myself have developed an instinctive reaction to this phenomenon, which is simply to unconciously translate their 'hacking' into my 'cracking'

      So, it doesn't bother me so much anymore. But now that you've said it, it's a perfectly valid point, and one that is too often forgotten. Everyone write this 100 times on the board now:

      Hacking != cracking

      --
      I hear there's rumors on the Slashdots
    3. Re:Found it by Valar · · Score: 2, Insightful

      Thank you, I was about the post that :) It looks like this is another one of those cases of the /. community getting irrationally exuberant about a document before they have even read it and/or applied basically reading comprehension skills.

  19. Horrible metaphor by The+Rizz · · Score: 5, Insightful
    If I'm standing across the mexican border, and you are on the US side, and I take you out with a high-powered rifle...
    [...]
    I have broken no US laws, right? Because I wasn't in the US at the time?

    This is an inappropriate metaphor for two reasons:

    1) This story is talking about something that is a "crime" in only one of the two places involved. Murder is a crime in both the US and Mexico.
    2) The death ocurred in the US, even if you fired the gun in Mexico. Even if murder wasn't illegal in Mexico, the US would definitely charge you if it could get its hands on you, since the target was on US soil.

    A better metaphor for the argument at hand would be:
    I go to Amsterdam and buy some marijuana in a store (legally). I come back to the US and get busted for posession (of the pot I bought in Amsterdam). When interrogated as to who my dealer is, I give them the name of the guy who runs the pot bar in Amsterdam.
    USA charges guy in Amsterdam with a crime. Does the Amsterdam police force make an arrest and extradite the shop owner?

    --The Rizz

    "Researchers have discovered that chocolate produces some of the same reactions in the brain as marijuana. The researchers also discovered other similarities between the two, but can't remember what they are." --Matt Lauer

  20. Abuse Prevention my ass by Ender77 · · Score: 2, Insightful

    Betty Shave, who heads the Justice Department's international computer crime division, admitted that the treaty mostly lacks so-called "duel criminality" provisions, but she countered that other language in the pact would prevent abuses. One clause in the treaty allows a country to refuse to cooperate in an investigation if its "essential interests" are threatened by the request: Shave says that would allow the U.S. to bow out of a probe targeting free speech or other actions protected by the U.S. Constitution. Moreover, political offenses are specifically excluded from some types of mutual assistance requests available under the treaty.

    Basically it is saying that the only way they would lift a finger to stop a foreign country from grabing you is if you are someone important. Unfortunetely most of us don't fit that catagory.

  21. Re:Isn't this redundant? by obobo · · Score: 2, Insightful

    In order to break the laws of a another land, you have to be there at the time. Otherwise, their laws don't apply to you.

    Nice thought, but that's not true. There are actions that are against US law no matter where you were when you did them. The US prosecutes "Drug Kingpins" living in foreign countries all the time (think Noriega). I'm pretty sure that this is also true of murder: murdering anyone, anywhere, is against US law. US courts will generally let other countries take jurisdiction, unless there is a clear reason why they shouldn't (i.e. there are no functioning courts in that country).

    Most countries will not extradite someone for something that is not a criminal offense in their own country (see Salmon Rushdie not being sent to Iran after they sentenced him to death in absentia). Unless the laws are also made uniform, requiring such extradition for computer crime/non-crimes seems a little scary.

  22. Re:Circumvention of the Constitution? by LordK3nn3th · · Score: 2, Insightful

    Uhm, how is "gun control" and "campaign finance reform" libertarian? That's the exact opposite of the libertarian stance.

    Oh, and gay marriage should not be illegal. Wanna talk about unconstitutional...?

    Or am I misunderstanding your post?

    --

    ---
    Never criticize religion on Slashdot. You will be modded down for "Troll" no matter how factual it is.
  23. Hiding the Encryption Keys by Rick.C · · Score: 2, Insightful
    What if there were a way to combine your critical plaintext with some other unimportant plaintext in a way that you could have two keys. One key would decrypt the cyphertext to yield the real plaintext. The other key would decrypt the same cyphertext to yield the decoy plaintext.

    When big brother denies your fifth amendment rights against self-incrimination and demands the key or you rot in prison, hand over the key that decrypts the decoy text and say, "See. It was just some stupid email about my car."

    Of course you'd have to encrypt everything to be consistent, but that's not really a bad idea anyway.
    --
    You were 80% angel, 10% demon. The rest was hard to explain. - Over The Rhine
    "Math in a song is good."-Linford
  24. Clever minded law... by Maljin+Jolt · · Score: 3, Insightful

    prohibiting the "production, sale or distribution of hacking tools"

    So they are about to ban all computers, eh?

    Due to lack of math education, lawyers and authorities simply cannot understand what an universal computation machine is, a math abstraction. So they really want to outlaw a class of abstract algorithms. I would call that idiocy, but I wan't be moderated down troll so I call it ignorancy.

    So at the 2024 we who keep around all open source packages ever touched, will be all using Quake 13's "scanning mod" feature instead of illegal nmap...

    If it goes really, really wrong with the law, we can always implement a Turing machine with cells represented by file names of silly word documents in a single directory. Written in shell or cmd, it could still be faster than mainframes were 30 years ago.
    With that, say HOW one can distinguish DATA from CODE, if one cannot grasp the semantics?

    Or example for an underground network: today's sending a tcp packet would be equivalent of emailing little stego message perfectly fitted with up-to-day security content check standards. TCP over email on broadband will be faster then modems we had 10 years ago.

    There is only way out: Force authorities to make world a better place for living, not for doing bussinesses only.

    --
    There you are, staring at me again.
  25. Re:Isn't this redundant? by Anonymous Coward · · Score: 1, Insightful

    >> Why should they cooperate for something that's not a crime in America? Should they cooperate if, say, the Saudi police were investigating you for putting pictures of your girlfriend in a bikini on your web site, for example?

    >If you did so from within Saudi Arabia, sure. In order to break the laws of a another land, you have to be there at the time. Otherwise, their laws don't apply to you.

    Yes and no.

    There were murderers in my country considered "not guilty" after their origin is taken into account. So, yes, local laws and uses are important.

    The way I see it, we're going to have a Federation of Planets... but first, we'll eventually found a World Federation and ertain laws will be common, no doubt.

    The way to peace requires us to respect and practice other people's laws, in the same extent we hope them to respect our basic principles. This will be hard to negotiate -- and never expect to "win" at this: if it's not consensual, it won't work.

    It will be a very hard road, but in the end I hope we can at least punish things like "ethnical cleansings".

    PS: I know I closed quotes before the period. I've read this is not standard in English. Well, that's the beginning. ;-)

  26. Nazi posters on Ebay by Magickcat · · Score: 1, Insightful

    (selling historic Nazi posters on Ebay? Germany might have you wiretapped)

    Up to your big headliner tricks hey again Timothy. You'd probably like Nazi propaganda Timothy. Much like your articles, they're very emotive and designed to manipulate opinion. Provoking outrage is a popular subject. Sound familiar to you?

    The reason why Nazi posters are banned in Germany was because of the war against the "Nazis". It was called "World War 2". It happened to kill a great deal of people. In fact, most people who read these posts have probably lost at least one relative to that war. If you want to learn about "World War 2", search for the term on Google.

    It's banned for the same reason as why Japan has no real army, as the Japanese at the time committed such gross atrocities, they were not deemed to be trusted to ever possess an army again. It keeps them well behaved when they get ideas about their Emperor and nationalism even today.

    Yesterday was ANZAC day in Australia, where we commemorate Australia's War dead. I don't think many people yesterday or today are concerned about the forfeited rights of German people to buy Nazi memorobelia in Germany on ebay or any other way.

    In any case, Nazi posters have very little to do with new cyberlaws, as the laws already exist.

    --

    Si tacuisses philosophus mansisses. If you had kept quiet, you would have remained a philosopher.

  27. Re:hacking tools by Anonymous Coward · · Score: 1, Insightful
    If one is arrested under any charge and found to have tone dialers, packet sniffers, port scanners, etc. one can be found to be in posession of "hacking devices."

    Let's be more direct: If you have a default installation of most linux distros on a machine somewhere, you have committed a crime.

  28. Re:Isn't this redundant? by bladernr · · Score: 3, Insightful
    Does that mean that if you hack a server in Australia from America, you are prosecuted under Australian law?

    Yes, and that is a long-standing law. The US has several laws that apply to what happens in other lands. For instance, "Conspiracy to kill Americans Abroad" does not require any action on US soil. The "Foreign Corrupt Organizations Act" prevents Americans from briding people in other countries, and executives from Exxon Mobile were prosecuted and convicted under that law. Drug traffers in Columbia can be extradited to the US. People shooting Americans from inside Mexico are, in fact, committing a crime in America, even though only their bullets (like "their data") ever entered this country.

    --
    Sarcasm and hyperbole are the final refuges for weak minds
  29. Re:Insightful my ass by mariox19 · · Score: 2, Insightful

    Would you care to elaborate? Someone might just dismiss your comment as the knee-jerk reaction of an "anti-Amercian, tree-hugging environmentalist" upset over being reminded that his cause celebre (the Kyoto treaty) was shot down in this country over these very same concerns of sovereignty.

    There's "loonies" on every side of the political spectrum, you know.

    --

    quiquid id est, timeo puellas et oscula dantes.

  30. Joe Government... by zogger · · Score: 5, Insightful

    ...has a pretty good idea where all the major nodes are, and the trunks, etc.

    With that said, I think it would be quite fair to assume that they have contingency plans that immediately before, or concurrent with a major "crack down" into fuller despotism (a real or staged-real terrorist incident, for instance), they will have enough willing "order followers" to assume physical control of those facilities. All of them. Count on it.

    And for those that say they couldn't run them even if they did, think again. They already have on the books laws that they can use to "draft" you on the spot,for specific work related duties, plus for the assumption of "ownership" of just about anything you can name, and refusing or trying to refuse becomes an automatic serious felony, and the penalities can be whatever the emergency military governor deems them to be. They can be quite severe, BTW. In such a situation it wouldn't requite too many examples to get folks back to the consoles working, and sabotage would be eventually found, leading to some more "examples", and etc.

    This government has never been shy of "collateral damage", and this government, either directly or via contracted or coerced proxies, kills people daily and has done so as far back as I can remember.

    People really need to read the homeland security act, patriot acts, and the model states health emergency act(there's more, those are crucial to grok though), the latter actually being much worse civil liberties-wise than the previous two, but much less known about or talked about.

    As a side issue, as far as I am aware of now, all commercial radio and television stations have government "take over" boxes in them, that the government can activate automatically and remotely and completely control what information is being broadcast. In short, they have the clear potential to have an almost total lock on the dissemination of information on their whim and schedule. Not 100% complete, but so close as to make the exceptions be statistically insignificant. It doesn't take much to see the abuse potential here, of course, It's sold as a public service and they "promise" to be nice guys all the time and not lie or be less than honest, etc. Really. They promise.

    uh huh

    The above article is a further refutation to those who always spout "eww, that's tin foil hat". The one step at a time, slow boiling frog approach is the technique they use for..well, coming total enslavement to be frank about it, a master/serf technofuedalistic styled society of complete surveillance and control (and exploitation) of your lives. the ancient fiuedalistic system, just with advanced technology. Quite possible, many references showing that's what they desitre broadly speaking, and the evidence shows that is the direction they are headed, ie, history is repeating itself, ni\othing new there, because humans tend to not want to learn from history, it's.... too hard, interferes with day to day life and entertainments and ordinary hassles. So, it gets ignored.

    That's their goal, and so far every step of the way that HAS been implemented has also been WARNED ABOUT in advance by people who were told they were wrong, when in fact, they have been consistently correct in this extrpolative position and series of observations and analysis."They" want a form of world government with total control over the population of the planet, and nothing less than that. It's still a ways off,not too far but a ways, but looking back 20 years and seeing how things have changed, anyone may look forward, contemplate it in the fact of a variant of "moores law" being applied to all aspects of technology and governments insatiable use of same, and see what is happening now and their bent, to make a fair assessment of what is coming.

    Failure to do so is ill advised, failure to *do something about it while you still can* is suicidal.

  31. Re:RTFA folks by JayBlalock · · Score: 2, Insightful
    Bull$hit. "Essential Interests" is a term which is so broad as to be completely meaningless. It's a catch-all which basically means all the governments can selectively turn down whatever requests happen to catch their fancy, but lays down no requirement or codified standards which are used to make that assessment.

    And beyond that, I REALLY have to ask, are you actually so naive as to believe anything a government spokesperson says on the subject of a law which will increase the government's power?

    The spider isn't going to mention how sticky her web is either...

    --
    Bush: He's Liberal in all the wrong ways.
  32. Fifth Amendment by Karl-Friedrich+Lenz · · Score: 5, Insightful

    of the American Constitution requires that no person "shall be compelled in any criminal case to be a witness against himself."

    In a 1996 paper Greg S. Sergienko explains that in America, the Fifth Amendment would give a suspect the right to refuse handing over encryption keys.

    I agree with that analysis.

    Therefore, I think that any legislation based on Article 19 of the Cybercrime Treaty would only enable law enforcement authorities to request encryption keys from third parties who run no risk to be prosecuted themselves. Article 19 should not be constructed as requiring self-incrimination.

  33. Then it is time. Solution to encryption key. by Famatra · · Score: 5, Insightful

    "Last time I checked, it seems the only rights you have in the U.S. are to privacy and to not be offended.
    Neither of these are guaranteed by the U.S. Constitution
    ."

    Then it is time to make it apart of the constitution. Enough with this penis-vagina anti gay people amendment no one needs, lets get a useful privacy amendment started.

    This is what I really didn't like from the summary:

    "...pass laws to force users to provide their encryption keys and the plain text of their encrypted files"

    That is insane. If someone has documents in which they would be embarrased to have shared (yes, I'm looking at your direction the pro-animal necrophilia crowd) then what business is it of government's that they have them.

    One interesting solution to having to hand over your pass keys is provided by the Phonebook Encryption Project. This program encrypts a file to have TWO keys which will decrypt into TWO different files. One key decrypts the file to reveal the beastiality porno, one key decrypts the file for pictures of barney the dinosaur :).

    Also those that say Freenet wouldn't be necessary in North America, I thought the same for the Phonebook project just yesterday. Now I am very glad both Freenet and Phonebook are here.

  34. Lets brain storm! by Anonymous Coward · · Score: 2, Insightful

    I am scared, government is going crazy.

    After (if) Kerry get's it lets get the Green party (or make our own) to fight against all this bullshit.

    Adgenda:

    -Unsign this piece of shit cyber crime treaty
    -Revoke DMCA
    -Revoke the 20 year copyright extention
    -Put copyright to 30ish years
    -Outlaw any kind of lobbying
    -Law (and amendment) to guarentee privacy

    Anything else? Brain storm here, post your ideas (use anonymous coward if you want). I'll leave a link later for other interested people.

  35. Cybercrime? How about landmines? by bettlebrox · · Score: 3, Insightful

    Funny how they'll sigh this thing, but won't agree to stop using landmines ...
    Yeah, I know they're not related but somehow cybercrime just made me think of landmines ...
    http://www.icbl.org/country/usa/

    --

    I have a very small mind and must live with it.
    -- E. Dijkstra

  36. Re:I can't believe this... by Ogerman · · Score: 3, Insightful

    While the implications of this treaty are truly frightening, the amazing thing about it is that it originated in Europe.

    It's not really so amazing when you consider that the Clinton admin, which also brought us DMCA through the backdoor of a WTO treaty, was largely responsible for drafting / pushing the cybercrime treaty as well.

    http://www.wired.com/news/politics/0,1283,40576, 00 .html

    And here's a fun one:
    http://www.computerworld.com/governmenttopic s/gove rnment/story/0,10801,55949,00.html
    Oh how times have changed, eh?

    Sadly none of this stuff will be discussed in either party's presidential candidate's 2004 campaign. Why? Because they basically have the same brain-dead stance. So you all know what to do: start writing congress immediately!

  37. Re:Isn't this redundant? by linuxhansl · · Score: 2, Insightful
    Sorry, how exactly does telling people what they are and are not allowed to have their children learn make America more free again?

    From information sciences we know that "information" is "data" plus a common understanding of how to "interpret" the data.

    Freedom starts with access to data (or facts) and the understanding of what to make out of that data (or education). Without either, "freedom" is a nice illusion. What good is voting and freedom of speech if you never learned to make informed decisions or how to form independent thoughts? Which is why election campaigns (not just in the US) are more like talkshows than "information-events".

    The "creationism vs. darwinism" was just an example (which by the way also holds for Italy, where teachings of darwinism were just banned from elementary schools - last I read). But it goes further. US schoolbooks are filtered by various (left-wing, right-wing, christian, you-name-it) organizations. For example, the word "extremist" is banned. Banned are also non-pc topics, like the connection between ethnicity and poverty.

    People seem to believe that if we ban words, and all means to communicate about an issue, the issue will somehow just go away. And then they say: "It's to protect our kids"... Simply absurd!

    But I digress.

  38. Re:Isn't this redundant? by fucksl4shd0t · · Score: 3, Insightful

    I'm not American, so I haven't been through the American school system. But from what I've read, education systems throughout the world tend to push either darwinism or creationism.

    I am an American, and I went to High School in a small town in southern New Mexico that made national news in the last couple of years for a big, old-fashioned book burning.

    In my high school, we learned darwinism, taught as "theory, not proven". The "not proven" was added in order to avoid offending the parents (and many kids!). Creationism and any sort of religion wasn't allowed in the curriculum at all. I don't know why it was this way, however, because I always thought that presenting both sides of the discussion and discussing it would be far more beneficial to the kids than trying to avoid offending people. But religion wasn't allowed in the school, except for praying before football games, praying before school assemblies, praying before ... (get my meaning?)

    My wife and I were discussing the root of this issue tonight, actually. The root of the issue is "should schools be teaching morality?" I think the answer is "yes" (she had to answer yes, too, but I like my reasons better ;) ). I think that much needed education is virtually useless without morality in the teaching. What good is learning history if you don't learn why some part of history is a 'dark time' and other parts were 'good times' and what-have-you? What's the point in teaching about WWII if you don't also teach that Hitler was pure evil, a mass-murderer, and so forth? How can you teach that about Hitler without morality being part of the education? After determining that a school should teach morality, the next and obvious question is, whose morality should it teach? In my honest fucking opinion, the school should try to present both/all sides of a given conflict and the social mores that make up each viewpoint. Saying "the school should teach morality" doesn't necessarily mean the school has to push a specific set of rules down someone's throat.

    As far as the correlation between ethnicity and poverty go, I think schools avoid it because it's their own fault. In the US, anyway, that correlation has everything to do with historical racism and little to do with modern racism. Black people, specifically, have been kept poor in many parts of the country by the dominant whites in the area (think Deep South). Now, there's still a lot of racist problems down there, but to my view racism is more of a problem in non-Deep South states, these days. Anyway, black people are generally poor there because their ancestors were kept poor, and property taxes are what funds the schools, so the next generation of black kids grows up in the conditions of the previous generation, and the poor schools fail to provide them with education that would enable them to escape that fate. So it's historical conditions that have caused it, and it's very easy to make the conclusion that "black people are still living in the legacy of slavery in this country" after you've taught the Civil War, Women's Suffrage, the Civil Rights movement, and so forth. But then the schools would have to admit that they've failed in their mission, and there's nothing a school likes less than admitting failure. Hence we have schools graduating thousands of kids that can't read, write, or do math, and saying "look, all of our kids graduate! They all have high grades! We're a good school!"

    Blah. The education system here in AMerica is fucked. What have the rest of you lot got? Got anything better? My kids are starting school soon.... (I sincerely hope the Kedutainment package grows nicely, it already teaches more than 12 years worth of schooling in the US)

    --
    Like what I said? You might like my music
  39. Re:Isn't this redundant? by fucksl4shd0t · · Score: 5, Insightful

    Well, for the most part and only in my experience, Darwinism is synonymous with macro evolution and is thought to be antithetical to creationism.

    The threats surrounding child abuse are probably much the same here. A teacher can't even give a kid a ride home anymore without being accused of trying to make a pass at the kid, raping him/her, or whatever. Parents have similar problems. A kid can just say "my dad hit me" and then the dad goes to jail for child abuse, whether it can be proven or not to a jury of his peers. Both of these problems, which appear to be extensions of the same problem, are themselves symptomatic of a much larger problem that infests society at all levels. Political Correctness seems to be a symptom of the problem as well, but I haven't yet managed to peg the problem itself. :(

    Education is a big political issue, but it's also an issue where the only real power lies at the local level. A candidate for president is pretty much required to say "better education", but there's ain't jack shit he can do about it. Bush said a lot of that, but as a result of his work as governor in Texas we wound up with a bunch of illiterate graduates. Working in fast food I actually had to teach kids with diplomas how to read #1CB. Not just what it meant, but what the # symbol meant, and what a 1 was, and what a C was, and what a B was. Corporate interests appear to be staying out of education, except to sponsor events (a good thing) and to sponsor other stuff (mostly a good thing, I don't have any bad examples), but since the people ultimately in charge of education are elected officials, the numbers used to show successful policies frequently don't indicate success or failure, such as the HIgh School drop-out rate (frequently affected by factors an elected official has nothing to do with. In Texas, under Bush, this number was manipulated by either handing out diplomas when someone threatened to drop out, as is what happened with my wife, or by writing them out of the books entirely so they don't show as a drop-out). Sucks, don't it? ;)

    Math is about the only area that doesn't come under fire, so it's not surprising that math does well, overall. Literature is frequently censored in one form or other (my high school refused to carry some works of Shakespeare, they were lewd, and we actually had to fight to be allowed to watch the 1984 movie). History is selectively censored, with the biggest censorship happening with regards to the Indian Wars and early colonization. Spain is always the bad guy (and maybe they really were, historically, but it's hard to tell when England is also almost always the bad guy, until you get to WWII, and I *know* they weren't always bad guys, historically). Mexico is usually a bad guy, too, and Canada is always just a copy of the US (historically accurate, right? ;) ). Australia actually gets presented pretty badly, too, come to think of it. But the Aussie government's dominance of the aboriginal tribes is usually glossed over, probably to be consistent with our own history in that regard.

    American schools suck. They perpetuate a lot of myths, such as the myth that Thanksgiving as a holiday has been practiced ever since the pilgrims showed up on the Mayflower, or the myth that the West was conquered because the so-called Indians couldn't keep their word (this one actually got a lot of attention in High School, but in lower schools it was taught that the Indians were pure scalping evil), or the myth that the Civil War was fought with the altruistic purpose of freeing the slaves (yes, it was fought to free the slaves, but not over altruism, over money instead). The US internment of a whole bunch of Asian-descended people during WWII is generally left out of the material entirely because the material is deemed to resemble the concentration camps in Europe of the time a little too much. Not to mention, we can't have ever been racist in our history, the US does no evil, right? It wouldn't tak

    --
    Like what I said? You might like my music
  40. Re:Isn't this redundant? by LordLucless · · Score: 3, Insightful

    Yeah. It's really an over-correction. Children need greater legal protection, because they are dependant, and in a more vulnerable position. At the moment though, the balance has gone way too far trying to correct for this.

    Education here is decided at the State level, for the most part, which means those policies get greater attention than they would if decided on by the local council. In terms of literature, I don't think the public system censors too much - they do try a bit hard to be "modern", but they don't seem to concerned with censoring lewdness or anything. Even my highschool wasn't, and it was a Christian school.

    We've sort of gone the opposite way in regards to history. At least once a year, we had at least one unit that was basically all about how evil us white people were for what we did to the Aboriginals. It gets to the point were people are so sick of hearing about it, it loses any impact it might have had. Our history does skim over any negative side of Aboriginal culture (like infanticide - most early cultures practiced this, including the Romans, so its not just the Aboriginals). I suppose since Australia has so little history, and so little impact on anything outside our borders, there isn't really that much point to extensively re-writing it.

    I think out syllabus is pretty good over-all. I just think there needs to be more discipline in the classroom. When shouting at a child is considered child abuse, it's become totally ridiculous. The only method of control teachers have now is intimidation, because its not overt. You can't even have detentions any more, because it inhibits the little darlings' social development. I personnally think we could do with more responsibility, and less social development, but hey.

    Another plus Australian schools have is that they seem to be a little less stratified than American schools, in terms of social groups. But, again, the only experience I have with American schools is through a friend who went on exchange, so...

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face