In a letter to the Senate on Monday, Bush called the Council of Europe’s controversial treaty “an effective tool in the global effort to combat computer-related crime” and “the only multilateral treaty to address the problems of computer-related crime and electronic evidence gathering.”
Even though the United States is a nonvoting member of the Council of Europe, it has pressed hard for the cybercrime treaty as a way to establish international criminal standards related to copyright infringement, online fraud, child pornography and network intrusions.
The U.S. Department of Justice says the treaty will eliminate “procedural and jurisdictional obstacles that can delay or endanger international investigations.”
Civil libertarians have objected to the treaty ever since it became public in early 2000, arguing that it would endanger privacy rights and grant too much power to government investigators.
“It would require nations that participate in the treaty to adopt all sorts of intrusive surveillance measures and cooperate with other nations, even when the act that’s being investigated is not a crime in their home country.”
So far, according to the Council of Europe, only three countries–Albania, Croatia and Estonia–have ratified the treaty.
The treaty requires each participating nation to ban the distribution of software that is designed for the “purpose of committing” certain computer crimes, requires Internet providers to ensure “expeditious preservation of traffic data” upon request, and permits real-time wiretapping of Internet service providers.
An addition to the Council of Europe’s cybercrime treaty would ban “hate speech” from the Internet, a common prohibition in European nations that violates the U.S. Constitution’s First Amendment.
The Justice Department said last year that it does not support the optional addition but still endorses the underlying treaty.
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