The Convention, which aims to harmonise laws on hacking, piracy, on-line fraud and child pornography, will now go before the Council of Ministers which is expected to adopt it by September. It will then be ready for signature by the Council of Europe’s 43 members at the Council’s November meeting in Budapest. The Convention has also been supported by the US, Japan and other non-member states, all of which will be invited to sign it. Following signature, states will be expected to ratify the Convention by implementing its provisions into their domestic laws.
The draft Convention still faces criticism from privacy activists and industry. Most recently, US companies expressed concern that police of former Soviet-bloc nations might exploit new powers it provides. They worry that all ISPs, telcos and other businesses would have to co-operate with warrants issued by foreign courts, exposing their trade secrets. These groups continue to lobby their politicians, urging them to oppose the Convention.
Council representatives have dismissed such concerns, describing the document as “the first ever international treaty to address criminal law and procedural aspects of various types of criminal behaviour directed against computer systems, networks or data and other types of similar misuse.”
For the convention to become effective, it must be ratified by five countries, at least three of which must be Council of Europe members. Ratification is expected over the course of the next two years.