FC: Netherlands is adopting controversial Council of Europe treaty

[Declan McCullagh <declan () well com>]

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Background:
http://www.politechbot.com/p-01496.html
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X-URL: http://www.marie-joseklaver.nl
Date: Fri, 01 Dec 2000 09:16:02 +0100
To: declan () well com
From: Marie-Jose Klaver <mjk () xs4all nl>
Subject: The Netherlands adopts cybercrime pact

The Netherlands adopts cybercrime pact

by Joris Evers

(IDG) -- The Netherlands is adopting an international treaty to
ease crime fighting in cyberspace even before the treaty has
been signed.
The Dutch Department of Justice told members of Parliament
on Tuesday that Dutch law needs to be changed to be in
accordance with the crime in cyberspace treaty. The treaty is
still in draft and has various stages to go before signing,
which is expected to take place late next year.
"The Netherlands wants to show the way," said Peter
Csonka, deputy head of the division of economic crime at the
Council of Europe in Strasbourg, France. "It's the first time
I've heard about an amendment process being put in place."
The Council of Europe, which groups together 41 European
nations and also includes the U.S., Canada and Japan, is the
entity drafting the treaty.
...
Companies are also affected. The new law will force network
managers to cooperate with the authorities in tapping
network traffic. Companies will not be asked to make their
networks ready for tapping, which ISPs are required to do.
Action against attacks on computer networks is also taken.
It will become illegal to sell passwords and access codes
and providing tools clearly meant to damage networks. Such
tools would be computer viruses or hacking programs.
...
Mail bombing, where the intention is to shut down a mail
server by overloading it with thousands of e-mails, will also be
a crime.
The Council of Europe applauds the Dutch action. "The
Netherlands has taken a very strong leadership," Csonka
said. "A number of countries will have to change their laws.
We have no specific details because it is too early, the draft
is still being discussed."
Human rights and information freedom organizations from
several countries recently attacked the draft.
In an open letter to the Council of Europe the groups said the
draft treaty "is contrary to well-established norms for the
protection of the individual, that it improperly extends the
police authority of national governments, that it will
undermine the development of network security techniques,
and that it will reduce government accountability in future law
enforcement conduct."
Csonka said the drafting committee will conclude its work in
December. The 582 members of the Parliamentary Assembly
of the Council will then discuss the draft in March. This will
produce an opinion on the draft. A steering committee will
look at the opinion in June and most likely amend the draft,
Csonka said. The Committee of Ministers will discuss the
new draft. After approval the process of signing and
ratification can start. This won't be until September 2001.
More
http://www.cnn.com/2000/TECH/computing/11/30/dutch.cybercrime.idg/index.html

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Henrik Kaspersen, Chairman of the Council of Europe's Committee of
Experts drafting the controversial treaty on cybercrime will
participate along with CDT Staff Counsel Jim Dempsey and other
experts in a panel discussion sponsored by Bruce McConnell,
President, McConnell International
When: Thursday, December 7, 2000, 10:30 a.m. - noon
Where: Johns Hopkins School of Advanced International Studies (SAIS)
Kenney Auditorium
1740 Massachusetts Avenue NW - Washington
What: McConnell International will release a new survey of 50
countries showing that a patchwork of outdated and inconsistent laws
effectively shields cyber criminals who attack electronic systems and
information from prosecution. Following the release, an
international panel will discuss the controversial effort of the
Council of Europe, a 41-nation political body, to create a uniform
framework for national cyber crime laws and to expand cooperation in
international law enforcement.
Open to the press.




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