3. THE INTERNATIONAL ANTI-CYBERCRIME TREATY. The Web is, by definition, world wide.
This causes headaches and disputes between countries as to how to enforce their own
laws on cyberspace. There are also issues of jurisdiction and extradition. To try and solve
some of these problems, the Council of Europe, Canada, Japan, South Africa, and the
United States have been working since 1997 on a treaty that all could agree to. In May
2001, the 27th draft of the Convention on Cybercrime was approved by all participants. But
the treaty is not yet in force since it has to be ratified by each country in individual; that
means that all 15 countries in the European Union. So, it’s most likely that nothing will
happen for some time – perhaps years.
Find out what the provisions of the treaty are and how they will affect the United States.
One of the concerns that will have to be addressed is the issue of whether laws of one
country should apply to all. For example, if certain sites are illegal in Saudi Arabia, should
they be illegal for all surfers? Or if Germany has a law about hate language, should a
German or a U.S. citizen be extradited to stand trial for building a neo-Nazi Web site? What
do you think?
DISCUSSION:
• This could be the basis of a lively discussion on censorship, whether, how, and under
what circumstances it should be enforced.
• In a class with members of multiple nationalities, this could be very informative
discussion of the separation of church and state and how things are in countries where
a dominant religion influences laws and traditions.
• The provisions set forth by the Convention on Cyber crime include the following:
• Illegal Access
• Illegal Interception
4. DOES THE FOURTH AMENDMENT APPLY TO COMPUTER SEARCH AND SEIZURE? The U.S.