The Convention on Cybercrime, signed in November 2001, became
the first international treaty on crimes committed via the internet
and other computer networks, dealing particularly with
infringements of copyright, computer-related fraud, child
pornography and violations of network security.
It also contains a series of more controversial powers and
procedures such as the search of computer networks and
interception.
The Council of Europe has 43 Member States, many more than the
European Union with which it is often confused. Its members
developed the Convention over the past four years with the
co-operation of the US, Canada, Japan and other non-member
countries.
The new Protocol was passed by the Council of Europe's Committee
of Ministers on 7th November. It defines racist and xenophobic
material as "any written material, any image or any other
representation of ideas or theories, which advocates, promotes or
incites hatred, discrimination or violence, against any individual
or group of individuals, based on race, colour, descent or national
or ethnic origin, as well as religion if used as a pretext for any
of these factors."
The measure would make it an offence to distribute or otherwise
make available such material on a web site. The term "make
available" covers links to such web sites. The term "to the public"
means that private communications or expressions transmitted by
e-mail will fall outside the scope of the Protocol.
The Protocol also requires Member States to adopt legislative
measures against internet material which "denies, minimises,
approves or justifies acts constituting genocide or crimes against
humanity" – such as Holocaust denial web sites.
Many EU Member States have already adopted domestic legislation
against internet racism. The protocol aims to harmonise these laws
and improve international co-operation in this area.
However, in the US, the dissemination of offensive material
through the internet is generally protected as free speech.
Accordingly, while the US supported the Convention on Cybercrime
and was consulted on the drafting of the Protocol, it is not
expected to sign it.
The protocol can be downloaded as an
18-page PDF.
The Convention on Cybercrime is available at:
http://conventions.coe.int/Treaty/EN/projets/FinalCybercrime.htm
