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Privacy News Update: International computer-crime treaty
represents an "all-out attack on computer privacy" and should
be rejected by the Senate
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The so-called "Draft Convention On Cybercrime" -- the first
international computer crime agreement -- is currently being
negotiated by the United States and the 41-nation Council of
Europe.
According to Wired.com, the treaty, which went through 19
drafts before the Justice Department revealed its existence
earlier this year, could be finalized as soon as December.
This treaty is an "all-out attack on computer privacy" and
we'll begin lobbying the Senate to reject the treaty shortly
after the election. In the meantime, we've attached a press
release about the treaty to provide some background.
Thanks again for everything you've done to defend the privacy
of all Americans. Your efforts are greatly appreciated, and are
making a difference.
Steve Dasbach
National Director
Libertarian Party
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NEWS FROM THE LIBERTARIAN PARTY
2600 Virginia Avenue, NW, Suite 100
Washington DC 20037
World Wide Web: http://www.LP.org
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For release: November 3, 2000
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For additional information:
George Getz, Press Secretary
Phone: (202) 333-0008 Ext. 222
E-Mail: [email protected]
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New international cybersnooping treaty is all-out attack on
privacy, says Browne
WASHINGTON, DC -- A new international computer-crime
treaty the U.S. government expects to sign this year is an
"all-out attack on computer privacy" and should be rejected,
Libertarian presidential candidate Harry Browne said today.
"This treaty doesn't attack crime," he said. "Instead,
it attacks privacy, the Fifth Amendment, and certain kinds of
software -- while giving the government awesome new powers to
cybersnoop on innocent Americans."
The so-called "Draft Convention On Cybercrime" -- the
first international computer crime agreement -- is currently
being negotiated by the United States and the 41-nation Council
of Europe.
The treaty, which went through 19 drafts before the
Justice Department revealed its existence earlier this year,
could be finalized as soon as December, reported Wired.com.
However, the U.S. Senate, which must approve all
international treaties, should reject it outright, said Browne.
"This treaty is just the latest example of politicians
trying to prove they are tough on crime," he said. "As usual,
they want to give bureaucrats and law enforcement new powers to
appear to be fighting crime. And, as usual, it is innocent
Americans who will bear the brunt of these new police powers."
For example, the treaty would:
* Give law enforcement the power to order Americans to
reveal a computer password or encryption key -- in apparent
violation of the Fifth Amendment's protection against self-
incrimination.
* Require Internet service providers (ISPs) to conduct
real-time surveillance of customers' e-mail messages, at
government request. In July, the FBI admitted it had already
created a cybersnooping device code-named "Carnivore" that
could scan millions of e-mails a second.
* Effectively abolish anonymous e-mail by requiring
"remailer" websites (which automatically distribute messages
after stripping out the sender's name and return address) to
collect information about their users.
* Require ISPs to store at least 40 days worth of
customer data, including e-mails, chat-room transcripts, and
website visits, for possible review by the government.
* Make illegal certain kinds of common software --
including network security utilities used by computer
technicians -- on the grounds that it could be criminally
misused by hackers.
Although some of those provisions may be dropped in
negotiations, Justice Department officials have privately said
it is too late to make "major" changes to the treaty, according
to the Wall Street Journal.
That's why the U.S. Senate should reject the entire
document, said Browne.
"This treaty was negotiated in secret, with the
approval of the same politicians who supported the
Communications Decency Act, Know Your Customer, anti-encryption
laws, the FBI's Carnivore system, the Clipper Chip, and
innumerable other attacks on your privacy," he said. "And this
treaty may be even worse than those previous anti-privacy
initiatives because it globalizes the government's power to spy
on you.
"If the U.S. Senate cares about privacy, the civil
liberties guaranteed in the Bill of Rights, and the
Constitutional limitations on government, it will unanimously
reject this Draft Convention On Cybercrime."
But for individual Americans concerned about privacy,
the problem is bigger than this one treaty, said Browne.
"Unfortunately, stopping this treaty won't stop the
relentless attacks on your civil liberties, because the same
Republican and Democratic politicians will remain in power," he
said. "Neither of those parties is dedicated to preserving an
airtight individual right to privacy. Only the Libertarian
Party is."
That's why your vote on November 7 may be the most
powerful pro-privacy statement you can make, said Browne.
"Libertarians understand that we can't stop government
snooping by fighting every new intrusion on your privacy," he
said. "Our opponents will win too many of those battles, and
government will get more and more intrusive.
"Instead, we must fight to take completely away from
government the power to enter any area of your life for which
it has no explicit Constitutional authority. And the only way
to accomplish that is by voting Libertarian."
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