1. Tackling IT crime in a global context: the Convention on Cybercrime 3 years after Julio Pérez Gil University of Burgos, Spain

2. Summary 1) Convention on Cybercrime: what’s that? 2) Aims and content 3) Current status 4) Latest developments 5) Criticism 6) Concluding remarks

3. Convention on Cybercrime Cybercrime: a global threat Initiatives United Nations EU G8 Interpol Convention on Cybercrime: the only binding international instrument dealing with cybercrime

4. Convention on Cybercrime: elaboration process Elaborated in the Council of Europe (47 member States) http://conventions.coe.int [ETS 185] http://conventions.coe.int Signed on 23.11.2001 In force since 01.07.2004 Participation of non European countries (USA, Canada, Japan, South Africa) …and open to the accession of states all over the world

5. Aims a) Harmonise laws concerning types and relevant provisions b) Provide internal procedural law with powers for the investigation and prosecution c) Regime of international co-operation Compatibility with other instruments Complementing instrument

6. Content I Chapter I – Use of terms Article 1 –Definitions Chapter II – Measures to be taken at the national level Section 1 – Substantive criminal law Title 1 – Offences against the confidentiality, integrity and availability of computer data and systems Article 2 –Illegal access Article 3 –Illegal interception Article 4 –Data interference Article 5 –System interference Article 6 –Misuse of devices Title 2 – Computer-related offences Article 7 –Computer-related forgery Article 8 –Computer-related fraud Title 3 – Content-related offences Article 9 –Offences related to child pornography Title 4 – Offences related to infringements of copyright and related rights Article 10 –Offences related to infringements of copyright and related rights Title 5 – Ancillary liability and sanctions Article 11 –Attempt and aiding or abetting Article 12 –Corporate liability Article 13 –Sanctions and measures

7. Content II Section 2 – Procedural law Title 1 – Common provisions Article 14 –Scope of procedural provisions Article 15 –Conditions and safeguards Title 2 – Expedited preservation of stored computer data Article 16 –Expedited preservation of stored computer data Article 17 –Expedited preservation and partial disclosure of traffic data Title 3 – Production order Article 18 –Production order Title 4 – Search and seizure of stored computer data Article 19 –Search and seizure of stored computer data Title 5 – Real-time collection of computer data Article 20 –Real-time collection of traffic data Article 21 –Interception of content data Section 3 – Jurisdiction Article 22 –Jurisdiction

8. Content III Chapter III – International co-operation Section 1 – General principles Title 1 – General principles relating to international co-operation Article 23 –General principles relating to international co-operation Title 2 – Principles relating to extradition Article 24 –Extradition Title 3 – General principles relating to mutual assistance Article 25 –General principles relating to mutual assistance Article 26 –Spontaneous information Title 4 – Procedures pertaining to mutual assistance requests in the absence of applicable international agreements Article 27 –Procedures pertaining to mutual assistance requests in the absence of applicable international agreements Article 28 –Confidentiality and limitation on use Section 2 – Specific provisions Title 1 – Mutual assistance regarding provisional measures Article 29 –Expedited preservation of stored computer data Article 30 –Expedited disclosure of preserved traffic data Title 2 – Mutual assistance regarding investigative powers Article 31 –Mutual assistance regarding accessing of stored computer data Article 32 –Trans-border access to stored computer data with consent or where publicly available Article 33 –Mutual assistance in the real-time collection of traffic data Article 34 –Mutual assistance regarding the interception of content data Title 3 – 24/7 Network Article 35 –24/7 Network Chapter IV – Final provisions

9. Additional Protocol Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS N° 189) Entered into force on 1 March 2007

10. Current status Signature 38 members of the CoE 4 non members Ratifications and entry into force 20 states members of the CoE 1 state non member: USA Others CoE members (Russia) Invitations (Mexico and Costa Rica)

11. Ratifications and entry into force

12. Latest developments It has received widespread international support It plays a leading role on this issue It is being used as: Reference model for new legislation Guideline to law enforcement authorities E.g. Spain

13. Critics A. It has gone far too broad (e.g. concept of cybercrime) B. It lacks privacy and civil liberty protections 1. No provisions on privacy 2. Dominated by law enforcement bodies 3. It imposes ISP to collaborate with search and seizure 4. Overly broad criminalization of hacking tools 5. It threatens to further unbalance intellectual property law C. It lacks dual criminality and permits political prosecutions [www.treatywatch.org]

14. Concluding remarks I Effective cooperation to fight cybercrime depends on harmonisation and this requires legal instruments This treaty is nor the best nor the worst possible and must be: placed in relation to EHRC and other human right texts understood as a minimum fulfilled by each State

15. Concluding remarks II Legal solution is not enough Operational level: technical problems Need to train judges, prosecutors, police bodies, lawyers, lawmakers… Strength cooperation with the private sector

16. Thank you for your attention !!!