Cybercrime convention

[NDGAARONDI]

Hi

Well I've heared from the Secretary of State for Trade and Industry that all this spyware stuff is now fully illegal due to the Cybercrime Convention, starting from 1st April 2003 I believe.

Now I wonder if America might sign to it? Since most computer attacks are probably from there anyway.

We're always hearing about Gator etc. and if they're not careful they might have action taken against them from someone wo's country signed the convention. I'd love to get one over them lol

Whether this new legal stuff will be enforceable easily I dount oh well.......

[aqlo]

Do you have a link to the terms of the convention? The bits and pieces I'm finding aren't specific enough. I'm hoping to find out what will constitute spyware, I don't see how it can take out something like Gator without also making things like About.com and Ask.com and so on change their ways. At the most I would expect to see Gator running with a little pop-up box you had to agree to that spelled out what they were tracking at the bottom under "Florida Kentucky" etc and the whole first-born child thing.

[Winphuk]

I don't know it that's such a good idea. Although we all hate spyware, it is dangerous for the government to legislate against technology.
Protection from spyware should be the responsibility of the end user.
First spyware, then p2p, then porn, then firewalls, then what?

[NDGAARONDI]

Hi

Here's a link, it was formed by the Council of Europe.

http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm

Well I guess it's the same thing what that American judge said about Kazaa to make them liable under US law. Well the Council of Europe decided to make a convention against malware. I guess the only thing for Gator or someone else to be liable is to put their stuff on someone's PC who didnt agree to it, then you'd probably have to extradite them!

All I know is that Gator should have gone into courts in England for Copyright infringement. They must have invaded someone's own webpage, and there's a copyright treaty (same one) that both UAS and England have signed.

[aqlo]

OK I read it, but I still didn't find this, looks like it isn't there. This convention is almost exclusively to protect the rights of corporate content owners, with barely a bone thrown to the consumer. Here is as close as it comes: Article 2 – Illegal access

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the access to the whole or any part of a computer system without right. A Party may require that the offence be committed by infringing security measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system.

Article 3 – Illegal interception

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the interception without right, made by technical means, of non-public transmissions of computer data to, from or within a computer system, including electromagnetic emissions from a computer system carrying such computer data. A Party may require that the offence be committed with dishonest intent, or in relation to a computer system that is connected to another computer system. This does seem to target "hackers" (i e web-page vandals and credit-card thieves) but I don't see how it will do a damn thing to stop aggressive web-indexing devices like Gator or Jeeves. I'm not sure I understand what you mean above about Gator "invaded someone's own webpage" so I'm researching their current model to find out more. Thanks for the link!

[NDGAARONDI]

Hi

I havent read it myself but I was told by the Secretary for Trade and Industry it was mean to cover this. I contacted my local MP b/c there's a huge lack of computer related law in England so I wanted to see if he was interested in introducing a Bill that I had ideas for.

Oh well I'll read it later and break it down, they did say anything I have comment on to put it forward, so who knows...

It sounds like Art 3 is trying to cover stuff like self installing programs like Dw and Gator rubbish but legislation is like not for reading!

[Ken17625]

1st April 2003 I believe

Oh the irony.......

[MoonMan]

Originally posted by Ken17625
Oh the irony.......

Yes I was thinking the same thing.

Anyone remember other promises on that date? Here's one, Morpheus 2.0.

[NDGAARONDI]

What happened there?

[aqlo]

It's April Fool's Day (All Fools or Spring Dramaturgy) on many Western calendars.

[NDGAARONDI]

infringing security measures - sounds like this can include spyware and other malwares to me. Up to the courts to decide I guess.

I'd love to see the ppl behind Dw get hammered if England can use this legislation (just a personal grudge against them!). :black