Council of Europe Deputies approve cyber-crime treaty - Page 2


© Alan Kotok
Page 2
The convention cites special steps to protect human rights and adheres to the principle of proportionality (i.e., punishment should fit the crime). The rules in this section are subject to the conditions and safeguards provided for in the law of states that sign on to the document. Specifically, proceedings may not be started except under certain conditions such as prior authorization by a judge or some other recognized independent authority.

New rules

Nations of Europe and North America already have conventions on the books for matters such as extradition and mutual assistance, but this document adds new forms of cooperation. In this convention authorities and police in one country will be able to collect computer-based evidence for police in another. However, they will not be able to conduct cross-border investigations or searches. The information obtained must be passed on rapidly. The Council of Europe plans to set up a contact network, operating round the clock and seven days a week to provide assistance with current investigations.

Links:

Council of Europe Web page on cyber-crime convention:

http://press.coe.int/press2/press.asp?B=...

Text of draft cyber crime convention:

http://conventions.coe.int/treaty/en/pro...

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