Hi Hamada
Thank you for the information.
We at FMA will also be opposed to the inclusion of such a framework within
WSIS...
Al
----- Original Message -----
From: Hamada Tadahisa <taratta@jca.or.jp>
To: <communication@wsisasia.org>
Sent: Thursday, September 29, 2005 12:28 AM
Subject: [communication 1406] Convention on Cybercrime
> Dear all,
>
> I'm in Geneva since 23rd night. I participated in the CRIS meeting on
> 24th and 25th, and am attending official meetings.
>
> There is a movement to adopt the Council of Europe Convention on
> Cybercrime as WSIS (Council of Europe and US delegate may have proposed).
> I found that the Convention on Cybercrime was in the document today. And
> now governments of China and Russia are opposing, so now the phrases below
> seems to be still in the brackets.
>
> ================================================================
> Sub-Committee A - Room Document 6
> (http://www.itu.int/wsis/docs2/pc3/room-docs/6.pdf)
>
> New Para 50.
>
> We underline the importance of effective instruments and efficient
> mechanisms for the prosecution of cybercrime, including crime committed
> in one jurisdiction but having effects in another.
>
> We call upon governments, in cooperation with other stakeholders, to
> develop national legislation for the investigation and prosecution of
> cybercrime, taking into account existing international frameworks, such
> as the Council of Europe Convention on Cybercrime
> ================================================================
>
> This Convention on Cybercrime might cause grievous harm on human rights.
> I will give a brief explanation of the Convention below for those who
> are not familiar with the Convention.
>
>
> (adapted from the expalation by EPIC)
>
> According to the preamble, the main aim of the Convention is to pursue
> "a common criminal policy aimed at the protection of society against
> cybercrime, inter alia by adopting appropriate legislation and fostering
> international co-operation."
>
> The Convention includes a list of crimes that each signatory state must
> transpose into their own law. It requires the criminalization of such
> activities as hacking (including the production, sale, or distribution
> of hacking tools) and offenses relating to child pornography, and
> expands criminal liability for intellectual property violations. It also
> requires each signatory state to implement certain procedural mechanisms
> within their laws. For example, law enforcement authorities must be
> granted the power to compel an Internet Service Provider to monitor a
> person's activities online in real time. Finally, the Convention
> requires signatory states to provide international cooperation to the
> "widest extent possible" for investigations and proceedings concerning
> criminal offenses related to computer systems and data, or for the
> collection of evidence in electronic form of a criminal offense. Law
> enforcement agencies will have to assist police from other participating
> countries to cooperate with their "mutual assistance requests."
>
>
> Independent legal experts and human rights activists have continually
> posited objections to the Convention because it threatens core civil
> liberties protections. Common criticisms are that the treaty fails to
> provide meaningful privacy and civil liberties protections, and that its
> scope is too broad and covers much more than computer-related crimes.
> The treaty also lacks a "dual criminality" provision, under which an
> activity must be considered a crime in both countries before one state
> could demand cooperation from another. Thus, the treaty would require
> law enforcement authorities to cooperate with foreign police forces even
> when such agencies are investigating an activity that, while
> constituting a crime in their territory, is perfectly legal in a state.
>
> Furthermore, the drafting of the treaty has been conducted in a very
> secretive and undemocratic manner, and did not take human rights' groups
> concerns into account. For this reason, the treaty seems more like a law
> enforcement "wish list" than an international instrument truly
> respectful of human rights already enshrined in many international
> conventions, such as the 1948 Declaration of Human Rights and the 1950
> European Convention of Human Rights. Again, no major European country
> has ratified this treaty at this time.
>
> - Taratta
>
> ===============================================//=======================
> Hamada Taratta http://dreamery.ne.jp/
> ViVa! volunteer net http://www.viva.ne.jp/
> Japan Computer Access for Empowerment http://www.jcafe.net/
> See everything as if for the first time. // 3*7*11*13*(2*5+17*19)
> Do everything as if for the last time. // 7*9*11*13*(5*15+17+19)
>
>
>
>
>
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