THE COUNCIL OF EUROPE CYBERCRIME CONVENTION

BACKGROUND
The 41 Nation Council of Europe drafted the Cybercrime Convention after four years and twenty-seven drafts. The September 11, 2001 terrorist attacks The COE Convention on Cybercrime was opened for signature on November 23, 2001. The Convention was opened for signature in Budapest, on November 23, 2001. 35 have signed the treaty, with Albania and Croatia having ratified it as well. To date, the Convention has been signed by 38 Council of Europe members and five non-members (the United States, Canada, Japan, Montenegro, and South Africa) that also participated in the negotiations. The Conventions main goal is to establish a common criminal policy to better combat computer-related crimes worldwide through harmonizing national legislation, enhancing law enforcement and judicial capabilities, and improving international cooperation.

OBJECTIVES The Convention is intended to be the first international treaty on crimes committed via the Internet and other computer networks. Its provisions particularly deal with infringements of copyrights, computer-related fraud, child pornography, and violations of network security. Main objective as set out in Preamble is to pursue . . . a common criminal policy aimed at the protection of society against cybercrime . . . especially by adopting appropriate legislation and fostering international co-operation. SCOPE Four Main Segments First Section outlines the substantive criminal laws. Second Section delineates the prosecutorial and procedural requirements. Third Section sets out guidelines for international cooperation Fourth Section contains the articles pertaining to the Signing of the Convention, territorial application of the Convention, declarations, amendments, withdrawals, and the ever-important, federalism clause.

SECTION 1- DEFINITIONS AND CRIMINAL

OFFENSES
ARTICLE 1- DEFINITIONS 1. Computer system 2. Computer Data 3. Service Provider 4. Traffic Data TITLE I: OFFENCES AGAINST CONFIDENTIALITY, INTEGRITY AND AVAILABILITY OF COMPUTER SYSTEMS OR DATA. Article 2 - Illegal Access Article 3 - Illegal Interception Article 4 - Data Interference Article 5 - System Interference Article 6 Misuse of Devices

 TITLE II: COMPUTER RELATED OFFENCES Article 7 - Computer-Related Forgery Article 6 - Computer-Related Fraud TITLE III: CONTENT RELATED OFFENCES Article 9 Offenses Related to Child Pornography TITLE IV: OFFENCES RELATED TO INFRINGEMENTS OF
COPYRIGHT AND RELATED RIGHTS

Article 10 Offences related to infringements of copyright and related rights

TITLE V: ANCILLARY LIABILITY AND SANCTIONS Article 11 Attempt and aiding or abetting Article 12 Corporate liability Article 13 Sanctions and Measures

SECTION 2 PROSECUTORIAL AND PROCEDURAL REQUIREMENTS

Convention parties must take at the national level for the purpose of criminal investigation of the offences established in Section 1.

Overcoming the major challenges associated with policing the ever-expanding information highway
1. Difficulty in identifying the perpetrator, 2. Difficulty in determining the extent and impact of the criminal act, 3. Difficulty in dealing with the volatility of electronic data, and 4. Difficulty in maintaining the speed and secrecy vital in the success of a cybercrime investigation.

 Article 15 Conditions and Safeguards Article 16 Expedited Preservation of Stored Computer Data Article 17 Expedited Preservation and Partial Disclosure of Traffic Data Article 18 Production Order Article 19 Search and Seizure of Stored Computer Data Article 20 Real-Time Collection of Traffic Data Article 21 Interception of Content Data Article 22 Jurisdiction

SECTION 3 INTERNATIONAL COOPERATION

Article 23 General Principles Relating to International Cooperation Article 24 Extradition Article 25 General Principles Relating to Mutual Assistance Article 26 Spontaneous Information Article 27 Procedures Pertaining to Mutual Assistance Requests In the Absence of Applicable International Agreements Article 28 Confidentiality and Limitation on Use Article 29 Expedited Preservation of Stored Computer Data Article 30 Expedited Disclosure of Preserved Traffic Data Article 31 Mutual Assistance Regarding Accessing of Stored Computer Data Article 32 Trans-Border Access to Stored Computer Data With Consent or Where Publicly Available Article 33 Mutual Assistance Regarding the Real-Time Collection of Traffic Data Article 34 Mutual Assistance Regarding the Interception of Content Data Article 35 24/7 Network

SECTION

4 FINAL PROVISIONS

Article 36 Signature and Entry into Force Article 37 Accession to the Convention Article 38 Territorial Application Article 39 Effects of Convention Article 40 Declarations Article 41 Federalism Clause Articles 42 & 43 Reservations & Status and Withdrawal of Reservations Article 44 Amendments Article 45 Settlement of Disputes Article 46 Consultation of the Parties Article 47 Denunciation Article 48 Notification

Concept of Secret Second Protocol CRITICISM The Convention curtails freedom of expression online. The Convention overextends the investigative powers of police and governmental organizations call data vs. traffic data. The Convention demands too much of companies and individuals by requiring them to provide law enforcement with far greater information than is now the norm under most telecommunications laws, and The Convention infringes upon citizen civil liberties.

1. 2.

3.

4.

CONCLUSION