19.10.2000 Yaman Akdeniz - netyorum.com / Sayı: 43
netyorum.com: İngiltere'de faaliyetlerini yürüten
"Cyber-Rights" kar amacı gütmeyen bir sivil toplum örgütüdür. Elimize ulaşan bir
basın bültenini sizinle paylaşmak istedik. 18.10.2000 tarihli bu metin
İngilizce'dir.
Cyber-Rights & Cyber-Liberties signs the NGO letter which opposes the COE
cyber-crime convention
"Civil Society Groups Oppose Computer Crime Convention NGOs Urge
Council of Europe to Adopt Safeguards for Internet Users"
Members of the Global Internet Liberty Campaign (GILC) today
urged the Council of Europe to reconsider a draft treaty on "Cyber Crime." The
international coalition of civil liberties and human rights organizations said
the proposal posed a threat to free speech and privacy on the Internet.
Cyber-Rights & Cyber-Liberties signed the GILC letter and was
involved with the drafting of this letter. Yaman Akdeniz, Director of
Cyber-Rights & Cyber-Liberties stated that:
"In my view, the whole of Article 18 (dealing with interception
of communications) is incompatible with Article 8 of the ECHR and with the
jurisprudence of the European Court of Human Rights and some sections of the
draft Convention goes even further than the requirements of the Regulation of
Investigatory Powers Act 2000. The development of the Internet requires the
instillation of trust in Internet users and affirmation that their expectation
of privacy in correspondence is legitimate. But it seems to be the Council of
Europe which has no trust and instead seeks to develop unjustified intrusive
surveillance systems into the national legal systems of its member states."
"The most problematic parts of the draft Convention involves
those sections dealing with interception of communications, traffic data,
corporate liability of ISPs, and mutual assistance without dual criminality."
On the issue of mutual assistance without dual-criminality,
Yaman Akdeniz added that:
"It is not acceptable for a law enforcement body of one nation
to respond to a request of another without the need for dual criminality. In the
absence of dual criminality, the implementation of this section could lead in to
the investigation of one nation’s law abiding citizens by another nation’s law
enforcement bodies."
The Council of Europe proposed the Cyber Crime treaty in April
as part of an effort to strengthen computer crime laws among many countries. The
Group of Eight (G8) will be discussing the treaty at a meeting on October 24 in
Berlin.
The civil society organizations said that the draft treaty is
"contrary to well established norms for the protection of the individual, that
it improperly extends the police authority of national governments, that it will
undermine the development of network security techniques, and that it will
reduce government accountability in future law enforcement conduct."
According to the organizations, the Convention on Cyber Crime
would require Internet companies to retain records of customer activity and
force Internet Service Providers to review private messages distributed through
com puter networks. The draft treaty would also criminalize copyright violations
and discourage the development of new network security tools.
Other sections would encourage law enforcement access to stored
records and encryption keys without sufficient legal safeguards and expand
surveillance powers.
The Council of Europe had planned to finalize the convention by
December 2000, but the opposition of citizen organizations may slow the process.
The Global Internet Liberty Campaign is an international
coalition of organizations working to protect and enhance online civil liberties
and human rights.
Links to member organizations, as well as information about GILC
issues and activities are available at
http://www.gilc.org/
Cyber-Rights & Cyber-Liberties is at
http://www.cyber-rights.org
Global Internet Liberty Campaign Member Letter on Council of
Europe Convention on Cyber-Crime:
http://www.gilc.org/privacy/coe-letter-1000.html
Mr. Yaman Akdeniz,
Director,
E-mail:
lawya@cyber-rights.org
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