[d@DCC] Slashdot has story on Convention on Cybercrime

From: Robert Smits <bob _-at-_ rsmits.ca>
To: Discuss List <discuss (at) list.digital-copyright.ca>
Date: Wed, 7 Mar 2007 22:59:56 -0800

Apparently, in August the US Senate ratified the Convention on Cybercrime, 
drafted by the Council of Europe with considerable input from the United 
States. So far, 43 nations have signed on. The Convention includes provisions 
aimed at unifying global computer-crime laws, and closes loopholes that make 
it possible for criminals to escape prosecution by locating their activities 
offshore.  Canada has signed the treaty but not ratified it yet. 

But civil libertarians, along with leading telecommunications companies, 
strongly oppose the treaty. Civil libertarians are especially concerned about 
the sweeping authority given to participating countries to seize information 
from private parties as they investigate cybercrimes, even when the activity 
being investigated isn't a crime in the country where the data is located. If 
France is investigating a sale of Nazi memorabilia on eBay, the U.S. must 
cooperate, even though such transactions are not illegal in the U.S.

Telecommunications companies object to provisions that require member 
countries to establish and enforce potent data-retention policies for network 
traffic, and require any operator of a computer network to respond to 
requests for information from any participating country without compensation 
of any kind.

These are potentially serious problems, especially given that the Convention 
is open to any country that wants to join. But there are more practical 
reasons everyone should be concerned. The provisions for data retention and 
production apply to any operator of a computer network, not just telecoms. 
Worse, Article 12 attaches liability to businesses for "lack of supervision 
or control" of employees who commit criminal offenses covered by the 
Convention. Businesses must worry about employee activities that may be legal 
here, but illegal elsewhere, risking administrative, civil, or even criminal 
penalties. 

This looks like the DMCA on steroids. It looks like it will afford foreign 
governments the opportunity to rummage through any computer system, whether 
or not the alleged crime is a crime here. 

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=185&CL=ENG



-- 
Bob Smits bob@rsmits.ca
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