While it's well-intentioned, there are certainly some items that contradict
US laws, and make it rather controversial from an American perspective.

See also: Kevin Poulson, "US Defends Cybercrime Treaty"
http://www.securityfocus.com/news/8529

FYI, the full text of the final draft treaty is available at:
http://www.privacyinternational.org/issues/cybercrime/coe/cybercrime-final.h
tml

-rick



Senate debates cybercrime treaty
Last modified: June 18, 2004, 6:23 AM PDT
By Declan McCullagh
Staff Writer, CNET News.com
         

A controversial treaty that is the first to focus on computer crime is
inching toward ratification in the U.S. Senate.

Sen. Richard Lugar, R-Ind., said at a hearing Thursday that the Council of
Europe's cybercrime treaty should be ratified quickly because it "will help
the United States continue to play a leadership role in international law
enforcement and will advance the security of Americans at home and abroad."
Lugar is the chairman of the Senate Foreign Relations Commission.

< snip >

The Bush administration supports the proposal. If ratified by the Senate,
the treaty would "enhance the United States' ability to receive, as well as
render, international cooperation in preventing, investigating and
prosecuting computer-related crime," said Samuel Witten, a legal adviser at
the U.S. State Department, when he testified Thursday. "Such international
cooperation is vitally important to our efforts to defend against
cyberattacks and generally improve global cybersecurity."

An addition to the treaty would require nations to imprison anyone guilty of
"insulting publicly, through a computer system" certain groups of people
based on characteristics such as race or ethnic origin, a requirement that
could make it a crime to e-mail jokes about Polish people or express doubts
about whether the commonly accepted version of the Holocaust is correct.

The Department of Justice has said that it would be unconstitutional for the
United States to sign that addition because of the First Amendment's
guarantee of freedom of expression. Because of that objection, the Senate is
not considering the addition, but other nations ratifying the treaty are
expected to adopt both documents.

< snip >

http://news.com.com/Senate+debates+cybercrime+treaty/2100-1028_3-5238865.htm
l?tag=nefd.top


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