The proposal is designed to aid police investigations of cybercrime in cases where attacks or intrusions cross national borders.
It is expected that the Convention on Cybercrime will be ready for signature by Autumn 2001. The 41-nation Council has invited non-member states including Japan and the US to become involved with the treaty.
The draft provides for the co-ordinated criminalisation of computer hacking and hacking devices, illegal interception of data and interference with computer systems, computer-related fraud and forgery. It also prohibits on-line child pornography, including the possession of such material after downloading. Also prohibited is the reproduction and distribution of copyright protected material.
The draft Convention will not only define offences but will also address questions related to the liability of individual and corporate offenders and determine minimum standards for the penalties.
The draft text also deals with law enforcement issues. Police will be given powers to carry out computer searches and seize computer data and require individuals to produce data under their control. The interception of data transmitted through networks, including telecommunication networks, is also under discussion. These computer-specific investigative measures will also imply co-operation by telecom operators and ISPs.
However, the proposal has already raised objections from civil liberty campaigners, arguing that the plan would violate basic rights to privacy and place too much power in government hands.