Vote totals:
Yes:
50%
No:
0%
Neutral:
50%
DEBATE: THE COUNCIL OF EUROPE'S CONVENTION ON CYBERCRIME IS AN INSUFFICIENT LEGAL INSTRUMENT TO BE EFFECTIVELY APPLIED ON A GLOBAL LEVEL.
THE COUNCIL OF EUROPE'S CONVENTION ON CYBERCRIME IS AN INSUFFICIENT LEGAL INSTRUMENT TO BE EFFECTIVELY APPLIED ON A GLOBAL LEVEL.
The Convention poses serious threats to privacy
The Convention on Cybercrime ignores fundamental protection against arbitrary interference by public authoritiesFar-reaching powers of investigation are granted under Section 2 of the Convention dealing with procedural law. The powers of investigation and prosecution contained in Section 2 are granted to authorities without requiring appropriate safeguards or limitations on use.
THE COUNCIL OF EUROPE'S CONVENTION ON CYBERCRIME IS AN INSUFFICIENT LEGAL INSTRUMENT TO BE EFFECTIVELY APPLIED ON A GLOBAL LEVEL.
The Convention is a political instrument
The Convention does not take into consideration other legal cultures. The Convention is a political instrument drafted by the Council of Europe with the active participation of the USA, Canada and Japan. It mainly serves those countries political agenda and is ferociously being pushed onto developing countries for those reasons.
THE COUNCIL OF EUROPE'S CONVENTION ON CYBERCRIME IS AN INSUFFICIENT LEGAL INSTRUMENT TO BE EFFECTIVELY APPLIED ON A GLOBAL LEVEL.
The Convention goes well beyond cybercrimes
The Convention allows for the collection of electronic evidence on crimes not included in it’s substantive law, relating to any type of criminal activity. The procedural powers and provisions should be limited to the offences included in the Convention only. The scope has therefore been extended to criminal offences that are not defined by the substantial provisions of the Convention.
THE COUNCIL OF EUROPE'S CONVENTION ON CYBERCRIME IS AN INSUFFICIENT LEGAL INSTRUMENT TO BE EFFECTIVELY APPLIED ON A GLOBAL LEVEL.
The Convention is the first binding international treaty on cybercrime
The Convention is the first international treaty to address criminal law and procedural aspects in relation to cybercrime. The Convention covers a broad range of issues, from substantive computer crimes, government access to communication and computer data and trans-border cooperation. The Convention does a pretty good job of addressing the most urgent issues in the domain of cybersecurity. And even if not all countries worldwide will sign and ratify it, the Convention certainly serves as an ideal guideline for many countries still lacking comprehensive legislation in this area.
THE COUNCIL OF EUROPE'S CONVENTION ON CYBERCRIME IS AN INSUFFICIENT LEGAL INSTRUMENT TO BE EFFECTIVELY APPLIED ON A GLOBAL LEVEL.
The Convention is the leading treaty on cybercrime
The Convention has currently been signed by 43 countries and 21 have ratified it. Since 2204, there have been 6 additional signatures and 16 ratifications of the Convention. Four non-members of the Council of Europe (Canada, Japan, South Africa and the US) have signed it but only one, the US, has ratified it.
THE COUNCIL OF EUROPE'S CONVENTION ON CYBERCRIME IS AN INSUFFICIENT LEGAL INSTRUMENT TO BE EFFECTIVELY APPLIED ON A GLOBAL LEVEL.
The Convention is drafted by the leading experts in cybercrime
The Convention is the result of 4 years drafting by leading European and international experts. Backed by the Council of Europe, the USA, Japan and Canada, the Convention serves as a progressive and competent instrument which has been drafted with regards to different legal cultures in order to harmonise criminal laws in the fight against cybercrime.
