The Draft Convention on Cyber-Crime put forward by the Council of Europe's "Committee
of Experts on Crime in Cyber-Space" represents a serious threat to privacy.
Section 2 of the Draft Convention could require Internet Service Providers to maintain
records of customers activities and turn them over to government authorities. This is
an example of an increasingly common practice by governments: enlisting private-sector
businesses as deputies in their investigations.
If the Council of Europe's Convention on Cyber-Crime is ever considered by the
United States Senate, it should be rejected if it does not conform to the U.S.
Constitution, specifically the Fourth Amendment. If it is approved despite
failing to conform, any actions taken under authority of the treaty should be
struck down as unconstitutional.
Draft Convention on Cyber-crime, Committee
of Experts on Crime in Cyber-Space, European Committee on Crime Problems, Council
of Europe (updated with each new draft)