Council of Europe Convention on Cybercrime

Overview of Council of Europe Convention on Cybercrime in relation to cyber crime: [1]The Convention requires that participating countries adjust or augment their criminal and legal procedures to permit investigation of the cybercrimes indicated about this topic, while retaining whatever additional computer laws member countries already have in place. Of particular concern is the preservation and real-time collection of computer data, and the legal ability of law enforcement authorities and others to demand the production of data, and to search, seize, or intercept data. (These issues are addressed in Chapter II, Section 2, articles 14–21 of the Convention.) The final article in Chapter II of the Convention requires participating countries to take whatever measures are needed to establish jurisdiction over proscribed offenses when they are committed within their borders or territories, or on ships and aircraft registered in that country, which are normally considered as national territory.

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Notes and References

1. By Thomas Schiller

Council of Europe. (2003, January 28). Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems. European Treaty Series No. 189. Strasbourg, France. Retrieved from https://conventions.coe.int/Treaty/en/Treaties/Html/ 189.htm; Council of Europe. (2007). Chart of signatures and ratifications: Status as of 16/10/07. Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems. European Treaty Series No. 189. Strasbourg, France; Council of Europe. (2007). Chart of signatures and ratifications: Status as of 16/10/07. Convention on Cybercrime. European Treaty Series No. 185. Budapest, Hungary, November 23, 2001. Retrieved from https://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM =8&DF=10/16/2007&CL=ENG; Council of Europe. (2001, November 23). Convention on Cybercrime. European Treaty Series No. 185. Budapest, Hungary. Retrieved from https://conventions.coe.int/Treaty/en/Treaties/Html/185.htm); Council of Europe. (2001, November 23). Explanatory report. Convention on Cybercrime. European Treaty Series No. 185. Budapest, Hungary. Available at https://conventions .coe.int/Treaty/EN/Reports/Html/185.htm; Council of Europe. (2001, November 23). List of declarations, reservations, and other communications: 16/10/07. Convention on Cybercrime. European Treaty Series No. 185. Budapest, Hungary. Available at https://conventions.coe.int/Treaty/Commun/ListeDeclarations.asp?NT=185&CM=8 &DF=10/16/2007&CL=ENG&VL=1; Council of Europe. Treaties glossary of terms. Available at https://conventions.coe.int/Treaty/EN/v3Glossary.asp; U.S. Department of Justice. Computer Crime & Intellectual Property Section Web page: https://www .usdoj.gov/criminal/cybercrime/COEFAQs.htm.

Council of Europe Convention on Cybercrime

Council of Europe Convention on Cybercrime