The treaty proposal:
http://conventions.coe.int/treaty/en/projets/cybercrime.htm
Subject: Press release n° 300(a)00 - Crime in Cyberspace
Crime in Cyberspace
First Draft of International Convention Released for Public Discussion
STRASBOURG, 27.04.2000 - The COUNCIL OF EUROPE today released a draft
version of a Convention on crime in cyberspace for public discussion in
order to enhance the consultation process with interested parties, whether
public or private. Businesses and associations are particularly encouraged
to share their comments with the experts involved in the negotiations before
the final adoption of the text.
Provisionally entitled "Draft Convention on Cyber-Crime", this Council of
Europe text will be the first international treaty to address criminal law
and procedural aspects of various types of offending behaviour directed
against computer systems, networks or data as well as other similar abuses.
This legally-binding text aims to harmonise national legislation in this
field, facilitate investigations and allow efficient levels of co-operation
between the authorities of different States.
The text should be finalised by a group of experts by December 2000 and the
Committee of Ministers could adopt the text and open it for signature as
early as Autumn 2001.
The text of the draft Convention can be found on the following website:
http://conventions.coe.int/treaty/en/projets/cybercrime.htm
* * *
More information for editors :
Recent attacks against commercial web-sites, such as Amazon.com, drew
international attention to the dangers that the Internet and other computer
networks need to face: cyber-criminals and cyber-terrorists threaten
business and government interests and may cause colossal damages. Time has
come for the Council of Europe to take action, which today released a draft
Convention to deal with crime in cyberspace. This document, provisionally
entitled "Draft Convention on Cyber-crime", will be the first ever
international treaty to address criminal law and procedural aspects of
various types of criminal behaviour directed against computer systems,
networks or data and other types of similar misuse. The draft provides,
among others, for the co-ordinated criminalisation of computer hacking and
hacking devices, illegal interception of data and interference with computer
systems, computer-related fraud and forgery. It also
prohibits on-line child pornography, including the possession of such
material after downloading, as well the reproduction and distribution of
copyright protected material. The draft Convention will not only define
offences but will also address questions related to the liability of
individual and corporate offenders and determine minimum standards for the
applicable penalties.
The draft text also deals with law enforcement issues: future Parties will
be obliged to empower their national authorities to carry out computer
searches and seize computer data, require data-subjects to produce data
under their control, preserve or obtain the expeditious preservation of
vulnerable data by data-subjects. The interception of data transmitted
through networks, including telecommunication networks, is also under
discussion. These computer-specific investigative measures will also imply
co-operation by telecom operators and Internet Service Providers, whose
assistance is vital to identify computer criminals and secure evidence of
their misdeeds.
As computer-crimes are often international in their nature, national
measures need to be supplemented by international co-operation. The draft
treaty therefore requires future Parties to provide each other various forms
of assistance, for example by preserving evidence and locating on-line
suspects. The text also deals with certain aspects of trans-border computer
searches. Traditional forms of mutual assistance and extradition would also
be available under the draft Convention and a network of 24 hours/ day, 7
days/week available national contact points would be set up to speed up
international investigations.
The 41-nation Council of Europe has previously produced two recommendations
on the question, in 1989 and in 1995, to encourage governments to adapt laws
to the challenge of computer-related crime, but later a binding legal
instrument was considered necessary to harmonise computer-crime provisions,
step up investigations and ensure effective international co-operation among
authorities. The draft Convention is expected to be finalised by an expert
group by December 2000 and the Committee of Ministers could adopt the text
and open it for signature as early as September 2001. Given the importance
of the subject, non-member States, such as Canada, Japan, South-Africa and
the United States, also actively participate in the negotiations.
By releasing the latest draft of the treaty, the Council of Europe seeks to
enhance the consultation process with interested parties, whether public or
private. It particularly encourages business and civil society organisations
to come forward and share their comments with the experts involved in the
negotiations before the text eventually becomes final.
Jeannine Uysal
Service de Presse / Press Service
Conseil de l'Europe / Council of Europe
F-67075 Strasbourg Cedex
[EMAIL PROTECTED]
http://www.coe.fr
I am Will Rodger Voice +1 703 558 3375
Technology Reporter Fax +1 703 558 3981
USATODAY.com http://tech.usatoday.com
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