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Date: 2000-12-22
"Cyber-Crime": Europa/rat antwortet GILC-.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- den Brief der Global Internet Liberty Campaign geantwortet [siehe unten]. Daraufhin entspann sich der attachierte Mailwechsel über ein mögliches Exportverbot von Politikern aus AT irgendwohin wegen der Gefahr, dass damit der morbus austriacus - eine spezielle Form von schleichendem General/sekretärs/tum - verbreitet würde. -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- Date sent: Thu, 21 Dec 2000 22:46:46 +0100 From: <me@quintessenz.at> Subject: Re: Response from COE SG Schwimmer To: gilc-plan@gilc.org On 20 Dec 00, at 18:56, David Banisar added to the bitstream: > i do believe that is the most polite "piss off!" i've seen in a >long while. We have much to learn from these Europeans. For liberty's sake, pls do not learn anything from that ;) This kind of "politeness" has been haunting me half a life over here in Austria [Mr. Schwimmer is Austrian, former member of parliament to the conservative party oevp]. Polite secretaries general [like Mr Schwimmer was here] of all kind telling you in a very polite way that nothing can be changed and things just have to follow the path of their destination. Plus Christmas wishes in the end crowning a suada full of bigotry and attempted downsizing of problems. We should consider an export stop of Austrian politicians to anywhere due to the dangers of spreading the morbus austriacus: secretary/in/generalism as the most underestimated forms of human BSE. cu me -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- Date sent: Wed, 20 Dec 2000 18:23:53 -0500 From: Marc Rotenberg <rotenberg@epic.org> Subject: Response from COE SG Schwimmer To: gilc-plan@gilc.org Strasbourg, 20 December 2000 to Global Internet Liberty Campaign Members, (c/o: Marc Rotenberg - EPIC; e-mail: rotenberg@epic.org) Re: your letter dated 13 December Thank your for your letter of 13 December. It raises a significant number of issues which all deserve careful consideration, particularly as they concern matters which are obviously of importance for the Council of Europe. I would like to inform you that this draft Convention, as any other draft treaty in the Council of Europe, has been negotiated by Government representatives, in accordance with the specific terms of reference which the Committee of Ministers had adopted in 1997. However, as work progressed, the Committee of Experts, entrusted with the negotiations of the draft Convention, considered that it was important to take into consideration views that may be expressed by other interested parties, such as industry, civil liberties groups and the public at large. It was therefore decided to declassify the draft text in April this year and since then systematically and carefully examine all observations made on the draft Convention. Where appropriate, the Committee decided to amend the text to accommodate the concerns raised or the suggestions made. While the Committee has amended the text on numerous accounts, I would like to refer you to three provisions in particular, inter alia Articles 9, 14 and 15. As you will note, the Committee amended the text concerning the offence of misuse of devices (Article 9) to reassure information security professionals that this provision did not intend to embrace situations where such devices are used for legitimate purposes. Concerning the scope of application and safeguards of procedural measures, you will note that two new Articles, 14 and 15, were introduced to clearly indicate that the powers contemplated by the draft treaty would only be used for specific criminal investigations and proceedings related to the offences referred to in these Articles. It is therefore neither envisaged, nor possible, to set up any kind of general surveillance power under the draft Convention, whose purpose is to help investigating crime and not monitoring people. The use of these powers is subject to "conditions and safeguards" as provided in each Party's legislation. For all Council of Europe member States, this reference means the application of the European Convention on Human Rights and Fundamental Freedoms and the relevant jurisprudence of the European Court of Human Rights. For non-member States, the human rights standards include, in particular, the 1966 International Covenant on Civil and Political Rights. It is also standing practice in the Council of Europe that those non-member States which have participated in the drawing up of a treaty may join it, while those which have not, need to have a authorisation from our Committee of Ministers to be able to sign. Such authorisation will only be granted, in the case of the Convention on cyber-crime, with the full consensus of the Parties. I believe the foregoing provides sufficient guarantees against any potential misuse of the draft treaty's scope and provisions. I am of course at your disposal to discuss futher any suggestions you may have to improve the treaty. After having consulted the Parliamentary Assembly, I will proceed with the adoption of the draft treaty along the planned procedure, e.g. by seeking its appoval by the European Committee of Crime Problems (CDPC) in June 2001 and then by the Committee of Ministers. I take this opportunity to wish you Merry Christmas and a happy New Year. Yours sincerely, Walter Schwimmer -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- edited by published on: 2000-12-22 comments to office@quintessenz.at subscribe Newsletter - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- 
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