By Declan McCullagh
Staff Writer, CNET News.com Complete Story

President Bush has asked the U.S. Senate to ratify the first international cybercrime treaty.

In a letter to the Senate on Monday, Bush called the Council of Europe's controversial treaty "an effective tool in the global effort to combat computer-related crime" and "the only multilateral treaty to address the problems of computer-related crime and electronic evidence gathering."

Even though the United States is a nonvoting member of the Council of Europe, it has pressed hard for the cybercrime treaty as a way to establish international criminal standards related to copyright infringement, online fraud, child pornography and network intrusions. The U.S. Department of Justice says the treaty will eliminate "procedural and jurisdictional obstacles that can delay or endanger international investigations."

"It's a treaty that goes way beyond combating cybercrime," said Barry Steinhardt, director of the ACLU's technology and liberty program. "It would require nations that participate in the treaty to adopt all sorts of intrusive surveillance measures and cooperate with other nations, even when the act that's being investigated is not a crime in their home country."

So far, according to the Council of Europe, only three countries--Albania, Croatia and Estonia--have ratified the treaty. If the Senate approves it, the Bush administration said it believes that because U.S. law already abides by provisions in the treaty, no further legal changes would be necessary.

The treaty requires each participating nation to ban the distribution of software that is designed for the "purpose of committing" certain computer crimes, requires Internet providers to ensure "expeditious preservation of traffic data" upon request, and permits real-time wiretapping of Internet service providers. It also covers extradition for computer crimes and permits police to request that their counterparts in other countries cooperate in conducting electronic surveillance.

Bush said the treaty will "help deny 'safe havens' to criminals, including terrorists, who can cause damage to U.S. interests from abroad, using computer systems."

An addition to the Council of Europe's cybercrime treaty would ban "hate speech" from the Internet, a common prohibition in European nations that violates the U.S. Constitution's First Amendment. The Justice Department said last year that it does not support the optional addition but still endorses the underlying treaty.

The addition covers "distributing, or otherwise making available, racist and xenophobic material to the public through a computer system." This is defined as "any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion."

I'm comfused, is this the same treaty from WIPO we've been hearing about, or another one. Either way, its completely unconstitutional, and seems to sound strikingly like the patriot act.

It just gives me one more thing not to like about Bush and his charade of croneys.and I really don't like him or his ideas I hope he gets voted out.

Everything Bush does is done "to combat terrorism." This is starting to get on my nerves. Quit throwing buzzwords around and get to the point already.

This is ridiculous. I hope this thing gets shot down in the senate.

They can't make other countries do what they want by passing laws here! STUPIDITY rises again! I should feel sorry for the stupid puppet! But since he uses it so often.. I just can't phathom the thought!

This treaty sounds like a real land-mine.
Especially the authorization for wire tapping and the ban against "distributing racist and xenophobic" material. That sounds good in principle, but in practice it would allow a lot of the so-called "Politically Correct" folks on the extreme left and extreme right to censure a lot of websites and internet exchanges. The extremes can really stretch the definition of what is "racist" or "xenophobic"

Seriously, this doesn't have much of a chance of passing, does it?

For someone who claims to ignore the demands of Europe, Bush is doing a good job pandering to them on this matter. Shame on him.

i really hope no one votes for bush. Maybe he will put cameras in our houses next...

"For someone who claims to ignore the demands of Europe, Bush is doing a good job pandering to them on this matter."

Have to disagree, CaryBitMyBallsOff, but Europeans don't want this any more than we do. Take a look at the three countries that ratified this atrocity: Albania, Croatia and Estonia. Hardly the heart & soul of the European Union. These are wannabes who are trying to impress the US so we'll back their bids to join the EU. They are former soviet block countries, and stomping on a few rights is no big deal to them in their attempts to gain mainstream acceptance.

The rest of Europe, however, is in exactly the same position we are. Their governments, at the behest of big business, are ramming nasty things like European versions of the DMCA in each individual country in Europe, down the citizens' collective throats.
~zippy

You know, there should be a law/treaty/amendment/court case saying that the Internet is a lawless "no-man's land" because that's the only way it can function properly: without borders.

Bush said the treaty will "help deny 'safe havens' to criminals, including terrorists, who can cause damage to U.S. interests from abroad, using computer systems."



Does Bush have to justify everything with the terrible word "terrorists"? Why do the terrorists still attack us?(we killing civies) Where are they attacking us?(mid-east) Any sign of a terrorist using a laptop to fight us anytime soon?

Bush is like hitler by using the term "terrorists" as a scape goat excuse for every evil thing he does.. It's sort of like how Hitler threw the terms, zionist, lebenstraum, and jews as being scapegoat excuses.. think about it..

never heard of zionist and lebenstraum as scapegoats...

Guess the"terrorists' are responsible for rotten lettuce at the grocery store and the slow leak in my tire too? lets pass some legislation to combat that. There is more smoke blowing around these policys than a Texas barbecue

I meant he threw those terms around in order to convince his people and the world that it was germany's god given right to kill jews and take over countries..

Lebenstraum (not sure if spelled correctly) means literally in German "living space" citing that it was germany's right and destiny to take over foreign lands in order to accomodate his peoples needs. Sort of like Manifest Destiny when Americans killed thousands of native americans under the assumption that it was gods will to take North America away from the indians by any means necessary..

When i used the term scapegoat, I meant that he used these two policies as excuses to the real reason for killing jews and gays, he had a hatred for those races and minorities..

If this moron, the shrub, had his way..we would only be allowed to play 'Pong' on our computers.
Resist this idiot with all your might.