[WSIS CS-Plenary] WSISPapers Newsletter No.3 - "Cybercrime" and human rights

WSIS Papers accuosto at chasque.net
Mon Dec 27 17:37:11 GMT 2004 

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  WSIS Papers Newsletter - December 2004 No.3
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In this issue: "CYBERCRIME" AND HUMAN RIGHTS

Content:

- Background
- European Cyber Crime Convention
- International convention: civil society perpective
- The impact on civil society
- Case study: Indymedia's servers seized
- The issue of cybercrime in the WSIS process

Available online at:

      http://wsispapers.choike.org/

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Born as part of an intelligence military system, Internet has become an
essential means of communication and information with great democratic
potential as an organizational tool for social movements challenging the
domination of political and economic power.

The September 11th attacks on the World Trade Center and the Pentagon led
many countries to promote measures for the surveillance of individuals and
organizations as part of the "war on terrorism". In fact, it also provided a
perfect excuse to introduce measures that previously would have met more
resistance from those concerned about how these new measures might erode
essential civil liberties.

Various attempts have been made to adopt a global definition of "cyber
crime" but the boundaries of this term remain unclear. While there might be
consensus in identifying child pornography as "cybercrime", "organized
crime" or "terrorist act" are defined differently in several national
legislations. As a consequence, in some countries any protest group could
easily be considered a major threat and thus go under official
investigation.

Efforts to reach an international legal solution have resulted in the
introduction of proposals to increase surveillance on global communications,
and Internet users' activities are increasingly being monitored under the
pretext of preventing computer intruders from attacking systems and to
stopping offences such as "intellectual property violations".

For several years the Council of Europe (COE) and the G-8 have assumed a
frontline position in the efforts to build "cybercrime" legal frameworks,
while the United States has been playing a key role in developing and
promoting these initiatives. In 2001, these discussions, which had largely
taken place behind closed doors, finally gave birth to the "Council of
Europe Cyber Crime Convention". This convention requires that states
co-operate in the investigation of cyber crime by allowing data to be shared
between them - even if the crime being investigated in one state is not a
crime in the state from where information is requested.

Minor acts of civil disobedience in some countries might carry draconian
penalties in others and fighting for justice and human rights are themselves
considered criminal acts in many parts of the world. The implications of a
such a convention for social movements, NGOs and human rights organisations
can, therefore, be enormous.

A recent well known case illustrates the true danger of  Internet
surveillance for human rights: on October 7th 2004 the servers of the
Independent Media Community -known as Indymedia- were seized by the FBI.
While the reasons for this act remain still unveiled, Rackspace, the
UK-based Indymedia host server, claims that it acted "in compliance with a
court order pursuant to a Mutual Legal Assistance Treaty (MLAT)". In other
words, one country requested handing over of the servers under the
jurisdiction of another country on the grounds of a treaty of international
cooperation, obscuring accountability and due
process. This episode clearly shows how international legislation can easily
be used to undermine freedom of expression.

The Council of  Europe Cybercrime Convention has been promoted as a possible
global governance model for dealing with trans-border cybercrime.
Considering the threats that such a global legal regime would impose on
basic human rights it should be seriously considered in the preparatory
process of the second phase of the World Summit on the Information Society
(WSIS), to be held in Tunis in November 2005.


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Background
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*  Cyber Crime
Privacy international
Introduction to the problem of cyber crime and the way it is handled by
international law. The site includes news, reports, a legal library and
background information on the leading bodies of international regulation.
-->http://www.privacyinternational.org/index.shtml?cmd[342][]=c-1-Cyber+Crim
e&als[theme]=Cyber%20Crime&conds[1][category........]=Cyber%20Crime

*  Cyber crime and anti-terrorism legislation
APC
Following the attacks on the World Trade Centre and The Pentagon on
September 11th 2001, many states enacted laws to tackle the perceived threat
of terrorism. At the same time, there was an increase in the dialogue and
cooperation between the operators of the Internet and electronic networks,
and the security services of many states.
-->http://www.apc.org/english/rights/handbook/ICT_22.shtml

*  Electronic communications surveillance
Echelon Watch
Echelon is perhaps the most powerful intelligence gathering organization in
the world. Several credible reports suggest that this global electronic
communications surveillance system presents an extreme threat to the privacy
of people all over the world.
-->http://www.echelonwatch.org/

*   International issues : cybercrime
Center for democracy & technology
Several international initiatives on cyber-crime raise concerns for Internet
freedom and threaten to result in government mandates on industry.
-->http://www.cdt.org/international/cybercrime/


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European Cyber Crime Convention
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*  Council of Europe Cybercrime Convention
Council of Europe
Adopted in November 2001, the convention aims to set a regime of
international cooperation for the investigation and prosecution of
cybercrime.
-->http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=185&CM=1&CL
=ENG


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International convention: civil society perpective
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*   The Birth and Rise of International Conventions on Cybercrime
Gus Hosein
Privacy International
In this report Hosein criticizes the COE's Convention on Cybercrime : "As a
member of civil society, I could say that we may have failed to secure civil
liberties within this convention. Perhaps we asked too much of this actor".
Pdf document.
-->http://privacy.openflows.org/pdf/birth+risecoe.pdf

*   Treaty Watch
The Cybercrime Treaty is an international agreement created for the
ostensible purpose of helping police cooperate on crimes that take place on
the Internet. Unfortunately, the treaty, which was drafted with very little
public input, requires signatory nations to cooperate with foreign
dictatorships and give invasive new surveillance powers to law enforcement.
It also lacks protections for privacy or other civil liberties, and applies
far more broadly than to just the Internet.
-->http://www.treatywatch.org/

* Internet under surveillance
Reporters without borders
This report, released in 2004, studies the repression of the internet
worldwide, from dictatorial regimes to the supposedly solid democracies of
Europe and the United States.
-->http://www.rsf.org/rubrique.php3?id_rubrique=433

* Electronic privacy information center (EPIC)
A US-based organization, EPIC opposes the European Cybercrime Convention due
to its threat to civil liberties and lack of democratic participation. The
site includes news, government and NGO resources, industry comments and
conferences on the matter.
-->http://www.epic.org/privacy/intl/ccc.html

*   Privacy and human rights 2004
Privacy International
This report reviews the effects on privacy and civil rights beyond September
11, 2001 in more than 60 countries.
-->http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-83992&al
s[theme]=Privacy%20and%20Human%20Rights


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The impact on civil society
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*   An advocacy handbook for the non governmental organisations
Cyber-rights and cyber-liberties
This advocacy handbook for the NGOs provides a policy analysis of the
Cyber-Crime Convention 2001 and its first additional protocol from a human
rights perspective for policy specialists, NGOs, and human rights activists.
-->http://www.cyber-rights.org/cybercrime/

*   Global Internet Liberty Campaign's letter to the COE.
Global Internet Liberty Campaign
Organizations from around the world have urged the Council of Europe to
reject the current version of its Convention on Cyber-Crime. The letter from
the organizations states that provisions of the treaty runs contrary to
internationally accepted human rights norms and would infringe on the free
speech and privacy rights of all Internet users.
-->http://www.gilc.org/privacy/coe-letter-1200.html

*  Internet and civil liberties
CRIS
Defenders of civil liberties are unanimous in their view that 9/11 was a
negative turning point when it comes to protecting our personal data. A
number of countries have adopted laws that restrict online civil liberties
for the purposes of, according to the authorities, combating terrorism more
effectively.
-->http://www.crisinfo.org/content/view/full/592/


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Case study: Indymedia's servers seized
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*  FBI seizes Indymedia servers in the UK
Indymedia
The  7th October 2004, US authorities issued a federal order to Rackspace
ordering them to hand over Indymedia web servers to the requesting agency.
Rackspace, which provides hosting services for more that 20 Indymedia sites
at its London facility, complied and turned over the requested servers,
effectively removing those sites from the internet. It is unclear how and
why a server that is outside the US jurisdiction can be seized by  US
authorities.
-->http://www.indymedia.org/en/2004/10/111999.shtml

*  Responses to the seizure of indymedia harddrives
Indymedia UK
Civil liberty groups and journalist organisations responded to the seizure
of Indymedia servers in London and legal steps are being taken in Europe and
the US.
-->http://www.indymedia.org.uk/en/2004/11/300886.html

*  Indymedia solidarity statement
Indymedia
More than 11.000 hundred organizations and individuals signed the statement
condemning the action taken against Indymedia and calling for openness and
justice with those responsible.
-->http://solidarity.indymedia.org.uk/?lang=eng

*  APC condemns "arbitrary" seizure of Indymedia web servers by US and
European law enforcers
Choike
"European and North American governments which frequently point to human
rights abuses in countries from the Global South need to explain their own
apparently arbitrary abuse of Indymedia's rights and those of its readers,"
said Anriette Esterhuysen. October 2004.
-->http://www.choike.org/nuevo_eng/informes/2322.html


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The issue of cybercrime in the WSIS process
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*  Communication rights: WSIS and beyond
CRIS
In the Asian Civil Society Forum, held November 2004, cybercrime was pointed
out as one of the unresolved issues. The Council of Europe Cybercrime
Convention would likely become a model law that other governments may adopt.
While this may appear a comprehensive approach in addressing online criminal
activity, the convention may not be in sync with principles related to human
rights, privacy and other. It's enforcement beyond national borders also
poses danger.
-->http://www.crisinfo.org/content/view/full/597/

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Related Choike's in-depth reports
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* Civil and political rights
--> http://www.choike.org/nuevo_eng/informes/1449.html

* World Summit on the Information Society (WSIS)
--> http://www.choike.org/nuevo_eng/informes/703.html

* The right to communicate
--> http://www.choike.org/nuevo_eng/informes/1215.html


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- "WSIS Papers" and "Choike" are projects of the
Instituto del Tercer Mundo (ITeM) -  Third World Institute

- "WSIS Papers" is supported by the
International Development Research Centre (IDRC) / PanAmericas
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