Re ITU circumventing Budapest Convention?

["Dave Farber" <dave () farber net>]

---------- Forwarded message ---------
From: Thomas Leavitt <thomas () thomasleavitt org>
Date: Mon, Nov 28, 2016 at 3:23 PM
Subject: Re: [IP] ITU circumventing Budapest Convention?
To: Dave Farber <dave () farber net>


Dave,

If you didn't catch this, the "model legislation" in question has
apparently been implemented as law in multiple jurisdictions.

"...identical or nearly identical language over extended parts of the bill
was found in the laws of several other countries in the Caribbean and in
sub-Saharan Africa, all of whom participated in the ITU-driven campaign to
implement these laws. The table of contents of the bill is nearly
word-for-word identical with the list in an ITU-sponsored presentation made
to the government of Zimbabwe for a proposed cybercrime law there."

Given the extent of the scathing critique in the Council of Europe report,
this is rather appalling. What in the world is the ITU doing promoting
"Cybercrime" laws that violate just about every established norm and
process for civil rights and liberties? What process was used to develop
this "model legislation"? The ITU is promoting criminalization of
blasphemy, "defamation of religion" and insults (among other things)? What?

Regards,
Thomas Leavitt



On Mon, Nov 28, 2016 at 1:57 AM, Dave Farber <dave () farber net> wrote:


---------- Forwarded message ---------
From: Dan McGarry <dmcgarry () imagicity com>
Date: Sun, Nov 27, 2016 at 5:02 PM
Subject: [Internet Policy] ITU circumventing Budapest Convention?
To: internetpolicy () elists isoc org <internetpolicy () elists isoc org>


As a media professional and technologist with over 2 decades'
experience, I am deeply concerned about Vanuatu's proposed cybercrime
bill, due to be voted on in the 2nd Ordinary Session of Parliament.

I'm not the only one with concerns. This report for the Council of
Europe raises concerns that the new bill is a step backward, not forward.

<
http://dailypost.vu/news/cybercrime-bill-unsafe/article_20246b0c-7b6f-5bba-b766-41dd3de32b80.html
>

This is one of dozens of engagements between ITU-funded consultants and
small states in the developing world. The report suggests that the ITU's
offer of 'technical assistance' is effectively an attempt to subvert the
Budapest Convention, to poison the well where international cooperation
on cybercrime is concerned, and to use 'child protection' as a lever
widen the ITU's own mandate and powers.

The effects on the ground are worrying to say the least. As near as I
can tell, the proposed bill (linked on the article's page above) knocks
holes in human rights protections, and creates alarming search & seizure
and surveillance powers for the state. Effectively, we're one bad
magistrate away from having a secret police if this becomes law.

I'm happy to fight my own battles of course, but I'm raising the issue
here because it appears that this is part of an international campaign
against a free and open internet as those of us on this list might
imagine it.

I'd encourage anyone with technical/legal expertise to take a look at
the link above, and the cybercrime bill itself, and either to raise any
issues here or contact me directly.

The CoE report on which the story is based can be found here:

<
https://www.coe.int/t/dghl/cooperation/economiccrime/Source/Cybercrime/TCY/2014/3021_model_law_study_v15.pdf
>



--
Dan McGarry      dmcgarry () imagicity com

Photos:          http://humansofvanuatu.com/
                  http://imagicity.com/
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