<br><table cellpadding="0" cellspacing="0" width="100%"><tbody><tr><td colspan="3"><h1>INTERNET
LAW - EUROPEAN UNION'S CONVENTION ON CYBER CRIME (ETS NO. 185): FIRST
INTERNATIONAL TREATY ON CRIMES COMMITTED VIA THE INTERNET</h1></td></tr><tr><td colspan="3"><table width="100%"><tbody><tr><td align="left" width="50%"><em class="light">Ira Piltz, Greenpoint Technologies</em></td><td align="right" width="50%">
<a href="mailto:?subject=INTERNET%20LAW%20-%20EUROPEAN%20UNION%E2%80%99S%20CONVENTION%20ON%20CYBER%20CRIME%20%28ETS%20NO.%20185%29:%20FIRST%20INTERNATIONAL%20TREATY%20ON%20CRIMES%20COMMITTED%20VIA%20THE%20INTERNET&Body=http://www.ibls.com/internet_law_news_portal_view.aspx?s=articles%26id%3d7884E3EB-2E7B-4605-A301-3A6F793D27C2">
<img src="http://www.ibls.com/images/email_button.gif" alt="Email" border="0"></a></td></tr></tbody></table></td></tr><tr><td colspan="3">The
Council of Europe, along with the U.S., Canada and Japan signed a
convention on Cyber crime. The convention provides a legal framework
for the protection of society against cyber-crime. The convention
stresses adopting appropriate legislation and fostering international
co-operation in this arena. It is the first international treaty on
crimes committed via the Internet and other computer networks. In
particular, the convention deals with infringements of copyright,
computer-related fraud, child pornography and violations of network
security. </td></tr><tr><td colspan="2" valign="top">This Convention
has been adopted by the Committee of Ministers of the Council of Europe
at its 109th Session (8 November 2001). 41 European countries along
with U.S., Canada and Japan have signed this convention. <p>
</p><p>
The main aims and the objectives behind the convention are set out in
the preamble. The goal of the convention is to establish a fast and
effective regime of international co-operation against cybercrime. The
preamble stresses the harmonizing of the domestic criminal substantive
law elements of offenses and connected provisions in the area of
cybercrime. The convention provides for domestic criminal procedural
law powers to combat cyber crime. The law enforcement agencies can
investigate and prosecute the offenses committed by means of a computer
system or in electronic form. <br></p></td></tr><tr><td colspan="2" valign="top"> </td></tr><tr><td colspan="2" valign="top"><b>What is the structure of the convention?</b><br></td></tr><tr><td colspan="2" valign="top">The
Convention contains four chapters: (I) Use of terms; (II) Measures to
be taken at domestic level – substantive law and procedural law; (III)
International co-operation; and (IV) Final clauses.<p>
</p><p>
Chapter I contains definitions for computer system, computer data and
traffic data. The convention defines "computer data" as "any
representation of facts, information or concepts in a form suitable for
processing in a computer system, including a program suitable to cause
a computer system to perform a function".</p><p>
</p><p>
Chapter II is divided in to three sections. Section 1 covers
substantive law issues, while Section 2 deals with procedural law
issues. Section 1 includes both criminal provisions and other connected
provisions in the area of computer- or computer-related crime. Section
2 states that each party shall adopt such legislative and other
measures as may be necessary to establish the powers and procedures
provided for in the section for the purpose of specific criminal
investigations or proceedings. Along Jurisdiction provisions are
established in Section 3. </p><p>
</p><p>
Chapter III also contains provisions concerning traditional and
computer crime-related mutual assistance as well as extradition rules.
Finally, Chapter IV contains the signature and entry into force and
territorial application provisions and the effect of the convention. <br></p></td></tr><tr><td colspan="2" valign="top"> </td></tr><tr><td colspan="2" valign="top"><b>What are the various provisions incorporated in the convention relating to computer-related fraud?
</b><br></td></tr><tr><td colspan="2" valign="top">"Computer-related
forgery" and "Computer-related fraud" are included within the
definition of computer-related offenses. These offenses typically
involve the manipulation of computer system or computer data. The
convention provides that each party should adopt legislative measures
against the criminal offenses under its domestic law, when committed
intentionally and without right-- the input, alteration, deletion, or
suppression of computer data, resulting in inauthentic data with the
intent that it be considered or acted upon for legal purposes as if it
were authentic, regardless whether or not the data is directly readable
and intelligible. It is interesting to note that the convention has
also imposed a mens rea requirement. As per the convention, the States
may require an intent to defraud, or similar dishonest intent, before
criminal liability attaches.<br></td></tr><tr><td colspan="2" valign="top"> </td></tr><tr><td colspan="2" valign="top"><b>What are the provisions of the convention related to child pornography transmitted via the Internet?
</b><br></td></tr><tr><td colspan="2" valign="top">•Title
3, Article 9 deals with the offenses related to child pornography. The
convention defines a minor as a person less than 18 years of age.
However, individual states may create a lower age-limit, which the
convention states shall not less than 16 years. The term "child
pornography" includes pornographic material that visually depicts a
minor engaged in sexually explicit conduct; a person appearing to be a
minor engaged in sexually explicit conduct; and realistic images
representing a minor engaged in sexually explicit conduct.<p>
</p><p>
The provision criminalizes various aspects of electronic production,
possession and distribution of child pornography. Producing child
pornography for the purpose of its distribution through a computer
system is an offense under the convention. Additionally, offering or
making available child pornography through a computer system;
distributing or transmitting child pornography through a computer
system comes under the purview of the convention.</p></td></tr></tbody></table>