The Convention on Cybercrime
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.
To enter into force the Convention had to be ratified by five
states, including at least three Member States of the Council of
Europe. This was achieved in July 2004. The UK, US and Japan are
amongst 31 countries that have signed the Convention but are yet to
ratify it. Ratification requires implementation of the Convention's
principles into national laws.
The
Additional Protocol to the Convention on cybercrime,
concerning the criminalisation of acts of a racist and xenophobic
nature committed through computer systems, was introduced by
the Council of Europe in November 2002. 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 makes 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 email will
fall outside the scope of the Protocol.
Although the US supported the Convention on Cybercrime and was
consulted on the drafting of the Protocol, it is not expected to
sign it. This is due to the fact that the dissemination of
offensive material through the internet is generally protected as
free speech – a US Constitutional principle.
Canada is the 28th country to sign the Protocol. The Protocol
also requires five ratifications to enter into force; to date it
has four.
Canada
Canada has some of the most comprehensive laws against hate
crimes in the world. In October 2004, the federal Government
committed to taking measures to strengthen Canada's ability to
combat racism, hate speech and hate crimes, both domestically and
around the world. Signing the Protocol responds to this commitment
and is a component of Canada's Action Plan Against Racism, launched
in March 2005.
Canada's Justice Minister, The Honourable Irwin Cotler, upon
signing the Protocol on Friday said: "Only greater international
cooperation can help eradicate the scourge of racist and
hate-related material made increasingly accessible over the
Internet."
He added: "No one country alone can combat racist hate,
particularly cyberhate."
Cotler was in Cambridge on 7/7 – the day of the London terrorist
attacks. He believes that there is an intrinsic link between the
websites that the Protocol is aimed against and terrorist
activity:
"This [online hate] is an anonymous,
borderless faceless crime. We've gone from five hate sites on the
internet in 1995 to 5,000 in 2005. These are horrific sites.
They're used for purposes of recruitment. They particularly target
the young. It is predatory hate of the worst kind."
He concluded: "We believe that incitement to hatred is the most
proximate cause of terrorism itself. Therefore, if you're combating
incitement to hatred, you're combating terrorism."
