The proposal is designed to aid police investigations of
cybercrime in cases where attacks or intrusions cross national
borders.
It is expected that the Convention on Cybercrime will be ready
for signature by Autumn 2001. The 41-nation Council has invited
non-member states including Japan and the US to become involved
with the treaty.
The draft provides 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. Also prohibited is
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
penalties.
The draft text also deals with law enforcement issues. Police
will be given powers to carry out computer searches and seize
computer data and require individuals to produce data under their
control. 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 ISPs.
However, the proposal has already raised objections from civil
liberty campaigners, arguing that the plan would violate basic
rights to privacy and place too much power in government hands.
