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The Courts Government News

Cybercrime Treaty Fight Begins 155

Deskpoet writes "This article on ZDnet details how the Global Internet Liberty Campaign, based in Europe, is rising up to create awareness of this perfidy-in-action. There's also info about how it's really US law enforcement that's driving this thing. Your tax dollars at work."
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Cybercrime Treaty Fight Begins

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  • I like a good hack/crack session as good as the next troll, but some of the comments beneath this post are WAY too supportive of the process. The mainstream has a rational right to associate hacking/cracking with criminal behavior, because often that's exactly what it is. Saying, sniffers are extremely useful networking tools does not allow for some sort of indemnity from very real and true accusations when those tools are misused. If you want to do something that circumvents the mainstream...that's your decision, but don't expect rulings to go your way.

    1. Where Your Vote Should Go [mikegallay.com]
  • If government agencies feel they have the need to ignore the population they serve and try to draft domestic legislation through an international treaty, something that supercedes the constitution, it's time the government be replaced.

    Anyone But Gore in 2000!

    --
  • hangt er van af hou oud je bent. Tussen de 12 en 16 mag je prima met je leeftijdsgenoten 'vozen'.
  • Blaargh! One learns more each day.

    Elgon
  • 'the government' barely has the resources to chase after the genuinely criminal characters out there. This paranoid notion that they will come after you if you have any kind of subversive tendencies is just plain ridiculous.

    The Black Panther party tried to claim things like that, back when they were running criminal drug rings and killing people with impunity. It turns out to have been a plain lie on their part. They weren't being 'persecuted', they were being busted for running a criminal operation.

    There have and will be isolated cases of abuse of authority. Those need to be clearly identified and dealt with properly, from within the system.

    Paint with too broad of a brush, and nobody will take you seriously at all.
  • the full text of the draft convention is here conventions.coe.int/treaty/EN/projets/cybercrime.h tm [coe.int] I wonder just what chance DeCSS would have against this. Infact I wonder what chance a useful tool liek john would have against this.
  • Don't be ridiculous.

    We need laws because without them, any troublemaker out there can take it down. Are you ready for rogue nations to set up warehouses full of DDOS machines and start slamming the net? How will you resolve it? With a bazooka? No, with laws.
  • ya and our military should be equipted with the lastest technology of cute fuzzy creatures like geribals and the hamster. In times of war they just duct tape them to their bodies so that if someone tries to hurt them they will have to live with their conscense that they hurt a cute and fuzzy animal of nature. Why wouldn't it work! Ban guns all over the world totally. We will just have pillow fights in the summer and snowball fights in the winter. I think computers should be totally banned too... and the world should be rubber padded so we can never hurt our little selves. God forbid driving in a vehicle that goes faster than walking speed. Or better yet how about we all just submit ourselves into little rubber rooms that way we don't hurt anyone or our selves. We will deffently need a isolation chamber after we all lose our minds from the lack of being able to interact with anything. Hmmm.... screw it! Why doesn't the president just press the fucking little red button and end all this insanity once and for all. Complete human genocide would mean that no one can get hurt or do bad things to each other ever again.
  • hats just like saying that they are outlawing hammers if the hammer is used illegaly. stupid and pointless. how about making the illegal USE of these tools and hardware illegal.

    Most of the time illegal use is already illegal anyway. The only people who will be thankful for redundant laws are lawyers...
    Indeed it might be ammusing for proposed laws to be given a slashdot moderation. Maybe with criteria like "good", "troll", "redundant", "special interest lobbied".
  • I'm not a constitutional law scholar but I read it as a tautological imperative that the first interpretation - "anything in {the constitution or laws of} any state" - must be the only valid one.

    My reasoning is, otherwise it would state essentially, "This Constitution... shall be the supreme law of the land... anything in [this] Constitution notwithstanding." I don't think it's intended to be this self-referential...?

    The first interpretation on the other hand simply affirms the constitution's primacy over state law.

    Also note the qualification, "...all treaties made... under the authority of the United States..." (read: as a country, rather than treaties made by individual states) - again emphasizing the relationship between federal and state government.

    On the other hand yours is a good point and I don't think I've refuted it after all. Just thinking about it.

    Also, question: Isn't there some other place in the constitution that states that no US treaty can violate the provisions of the constitution? This is where the heart of the matter lies.

    Thoughts, anyone?

  • Why are they trying to invent new laws where existing ones already suffice: is this just another case of bureaucrats trying to justify their existence?

    Also must prevent any lawyers from starving...
    This is also an attempt to look good on fighting crime, pushing up the number of arrests and convictions makes things look like a better job is being done.
  • Hate crime? Isn't that redundant? People don't assault, kill, or vandalize (or, for that matter, break into computer systems and wreak havoc) out of love.
    The real point of laws like this is to allow politicans to look good ("See, I'm OPPOSED to assaulting minorities", or "Look how OPPOSED I am to computer crime") without actually doing anything.


    Especially to have them look good in the eyes of those who lobbied for the special laws in the first place.
  • That's already illegal in canada. if you write down a piece of erotic fiction for your own pleasure, and it involves children, you could be prosecuted if anyone cares...

    Good news for anyone in Canada who hates the plays of a certain Mr Shakesphere. One of them, "Romeo and Juliet" is now illegal...
  • Yet it is considered the highest moral sin (often worse than murder) to consider them sexual beings until the magic age of 18. It's like.. happy 18th birthday. Now you can be sexual. Have fun.

    Except that there are many places where there are ages of consent far younger than 18.
    Indeed there appears to be little corrolation between ages of consent and age of majority. (As well as bizare situations, such as the USA, where 18 is in theory the age of majority, but people of that age are forbidden from drinking alcoholic beverages. Or places where there is no age of consent...)
  • Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications;

    Lets see there go keyboards, mice, any display device, printer and a whole lot more.

  • What makes you think a rogue nation will respect *your* laws?

    idiot.
  • No, I don't think they are going to prosecute anyone for running an FTP client. However, wording is very important to the viability of a law. If the wording is vague enough, it will get thrown out.

    What about sniffers? They are starting to bridge the gap between obvious throw outs like telnet clients (used for accessing computer systems) and the intention of the treaty (malicious access of computer systems).

    Let's hope the real treaty is not worded as poorly as the article. The person writing the article also had some grammar problems, so maybe it is just a comprehension issue on the author's part.
  • Since it joined/established international organizations such as WTO, UN, etc that override local/county/state/US law.

    The Constitution states "Congress will enact no law..." - doesn't say anything about an international governing body enacting a law that our treaties require us to enfore/obey.

    Why do you think so many are upset with these types of organizations - and "globalization" in general?

  • Broadly criminalize child pornography, even if the subject only appears to be a child; Well, I support this one, no more NAMBLA

    How about this picture? Should it be illegal? [artpassions.net]

    Click on the link...don't worry, it is nothing gross, but it could be cosidered child pornography by some people.

  • The problem is this criminalized *owning* the tool, not the *use* of the tool. And as people have pointed out tools can have uses both good and bad.

    To make *owning* a sniffing tool illegal makes about as much sense as outlawing the ownership of lockpicking tools.

    Nathan

  • b) do you think they're going to prosecute you for running an FTP client anyway?

    Well, in some cases, yes, I think you might get prosecuted for running an ftp client.

    If your a normal, boring person, you watch TV, buy an SUV, encourage sprawl by moving to the suburbs, vote for one of the two acceptable candidates, use ftp all you want, the government isn't worried, it considers you a sheeple.

    On the other hand, if you have any kind of subversive tendencies, this is just one more thing for the government to get you on, the government likes a stockpile of easy to break rules to keep you in line.

    "Do you have a manufacturer's receipt for the 30 round magazine for your semi-automatic assault rifle, proving it was made pre-ban, and not post-ban by terrorists?"

    No, well, if you're lucky prison, if not, an FBI sniper will kill you and your family.

    I feel for the Europeans though, at least we Americans have the constitutional right to revolt.

    As John Adams said 225 years ago, the tree of Liberty needs to watered in the blood of patriots every 20 years.
  • "Until the mainstream stops associating hacking/cracking with criminal behavior"

    Won't happen. Hell, I think even the mainstream hacker community by now probably associates hacking with criminal behavior at this point. Too much illegal hacking and bragging, not enough white hat activities being noticed. Probably because white hats don't do any actual damage.

    Let's face it, the old style good person hacker of honor died in the 80s.
  • by Paladin128 ( 203968 ) <aaron.traas@org> on Thursday October 19, 2000 @06:50AM (#692872) Homepage
    "Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications."

    This also means many other tools will be illegal, including telnet, ftp, ssh, tcpdump...

    "Evil beware: I'm armed to the teeth and packing a hampster!"
  • So what you're saying is that it's perfectly all right for me to hack into an account of yours online, find out your personal details and then use, say, your credit card to make a series of purchases? That's fine by you?

    Why should this be treated any differently from a waiter writing down someone's card details, someone using a stolen card, a bank employee using someone's details to order an additional card, etc, etc. What about the hacking makes a difference to the action of credit card fraud.

    Or maybe I could get a photo of you and make some pornographic fakes up and post them around the net? That may not bother you, but I'm sure there would be thousands of people who would be mortified by that.

    What would be the fundermental difference between that and someone taking the original picture with a chemical camera or getting an artist to draw a likeness. Then printing it up on fliers?

    Should the definition of a crime really hinge on the minute details of tools used in performing it? Except when it is only possible to commit a crime using a specific tool. Which is in reality very, very few crimes.
  • Well, as you know, it is very hard to get any straight information about Columbine.

    I did know that bit about the Trenchcoat Mafia, though.

  • wait wait wait! lets read this again:
    "Criminalize the production, sale, distribution or otherwise making available of devices or computer program who's primary use is to access, intercept or interfere with computer systems or communications."

    take out a few words:
    "Criminalize the production... of devices or computer programs who's primary use is to access computer systems or communications." WHAT!? so web browsers, ftp clients, and anything of that nature is illegal now!? UH OH!

    maybe they should have thought this through a little, no?

  • It is. And of course you have the standard problem of trusting sources -- but a good web search on Columbine (include slashdot and salon if they don't show up on a regular web search) brings up a heck of a lot of information to trawl through and come up with conclusions on.

  • Not that I take you seriously, you understand...
    You should though, he's probably dangerous. This time his attempt to propagandize the readership of Slashdot is way off base, as this is an international treaty, but usually it is more subtle. (Not much more subtle, especially if you read his Web site. But usually subtle enough that you don't quite realize the White Supremecist bent of his posts unless you read carefully.)

    Besides, the wave of terrorist attacks that hit the country (including Columbine) recently were mostly prompted by White Supremacist rhetoric. I worry about that, because random attacks on non-whites could impact me and my family (my wife is Thai, and I have a cousin whose husband is Korean).

    Of course, the best way to handle this would be to say:

    1. Yes, there is a problem with our prison system. The fact that rape is a part of the experience is a disgrace.

    2. I don't think Catholics, Buddhists, Hindus, Jews, Atheists or other religions are particularly likely to be spared this particular indignity, despite Baldreson's assertions.

    We should clean up our corrupt American government, but it seems to me that it is run by white, protestant males (look at the two presidential candidates.).

    The H1-B system is a problem because it prevents full citizenship for visa holders and full participation in the rights of citizenship, not because it allows them into the country.

    The prison system is a disgrace, and something ought to be done about it.

  • Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications;

    Outlaw the fraud and forgery of computer data as well as copyright infringement;


    Now programs like Nmap, Nessus (and what others) are 'illegal'? IP Loggers, what about traceroute? That is a very popular tool of crackers you know - soon pinging will be crime because "this person was doing something to our machine other than what we specifically say is permissible in our TOS (subject to change at any time)." Forged Email? Custom packets (of any kind)? Who will determine 'what forged data' looks like? Obviously it will look much like 'non-forged' except whoever has the Biggest Lawyer(TM) will be the one with the 'official' data. And Copyright? Don't these people understand IP is a red-herring?

    I am in utter amazement that an armed revolution hasn't started yet - are these people serious?

    Are citizens and normal people going to possibly/remotely benefit from any of this? It is so goddamned obviously another piece of corporate-purchased law. Except the kiddie-porn stuff - that gets the support of the SoccerMoms(TM) , Religious Nutballs, and the rest of mindless sheeple onside everytime.

    Enforcing monopoly in order to reduce supply and extort profits is an artifical construct, I once felt that allowing 'some copyright' and 'patents' were necessary, much like their designers it would give the inventor some due reward - protection from being stole from. But now I believe all IP should be abolished. The bad is far outweighing the good now. Far Far outweighing

    So, think this 'treaty' is a good thing? Somehow you think you should NOT vote for someone who will end the corporate domination of the world? Wake up America! Do the world a favour! Tell your friends/neighbours/coworkers/relatives to:
  • Let me get this straight. The treaty makes things that are illegal... illegal?
  • by bwalling ( 195998 ) on Thursday October 19, 2000 @06:25AM (#692880) Homepage
    Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications

    Sniffers are extremely useful networking tools. They serve a valuable, productive purpose. Apparently, no effort was made in thinking this treaty up.
  • No, I'm saying that FTP, telnet, etc are not programs for illegal access (as opposed to a script kiddy's rootkit).

    The treaty itself doesn't talk about programs designed to access other systems being illegal per se: that is ZDNet's precis, and an incorrect one IMHO. The treaty explictly qualifies all references to illegal interception, access, etc as being "without right".

    Anyway, read it yourself, decide for yourself.
  • Until the mainstream stops associating hacking/cracking with criminal behavior we'll still have to live in fear of helping people by trying to tell them how to plug their holes.

    Hopefully those couple of white hats in the news stories we've seen lately will help push the movement forward but until then every time you tell someone that you comprimised their system you're running the risk of being cavity searched by the FBI for the PDA that you did it on.
  • Here's a lengthy discussion [jbs.org] of the whole question of whether treaties have supremacy over the constitution.
  • by Arimus ( 198136 ) on Thursday October 19, 2000 @06:27AM (#692884)
    Point 1:
    Make illegal access, interception, and interference of computer systems or communications a criminal offense;
    Okay, this is fair enough if it applies to governments as well as individuals.

    Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications; HOW the hell do they expect me then as a network engineer to monitor network traffic to actually fix problems or to debug software, keep track of illeagle use...

    Outlaw the fraud and forgery of computer data as well as copyright infringement;
    No problems with this.

    Broadly criminalize child pornography, even if the subject only appears to be a child;
    How do they plan to enforce this and what age is a child... all the countries in Europe have different ages of consent.

    Hold corporations liable for crimes and make certain service providers can collect data on their subscribers and save such data when authorities request it; and Cooperate with other jurisdictions to secure evidence and extradite those persons charged with a computer crime.

    As we can't intercept traffic on our networks or have the equipment to do it how do we keep information? And I thought RIP was bad...

    Time to leave Europe I think...

  • Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications

    WOOHOO!!! There goes the information age, as well as the industrial age as all cars made within the past 15 years or so have computer chips in them! ANARCHY!!!

  • I originally posted the link below as a reply to another respondent, but decided that it's significant enough to put up here at a higher level so that more people might see and use it. The subject is quite interesting.

    Here's a lengthy discussion [jbs.org] of the whole question of whether treaties have supremacy over the constitution.

  • by Hairy_Potter ( 219096 ) on Thursday October 19, 2000 @06:28AM (#692887) Homepage
    From the article, with my bolding

    Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications;

    So, any program that is designed to access a computer system is illegal? Like:

    • telnet
    • minicom
    • lynx
    • ftp
    • smbclient


    They better rethink that one.

    I imagine they will try to outlaw SA security tools too, like SAINT, COPS, TIGER and crack, just because a cracker can use these too.

    Of course, I can think of a lot of Slashdotter's who wouldn't object to these tools being outlawed, because they're dangerous and can be misused by uneducated persons, no wait, that's guns that should be outlawed because they're dangerous, not security tools.

    No, there certainly is no analogy between security tools like SAINT that can be misused and guns that can protect you or be misused, none at all.

  • Some of those are.

    Go send someone 16 to buy some spray paint at the local Wal-Mart and see what happens.

  • by YIAAL ( 129110 ) on Thursday October 19, 2000 @06:29AM (#692889) Homepage
    I think that *everyone* should be able to eavesdrop on the government, but not the other way around. Radical proposal? Sure, but doing things the other way hasn't worked out, has it?
  • If you actually read the draft legilastion (cybercrime.doc) [coe.int] it only makes software/hardware illegal if it used illegally so from reading we can all keep using our cracking tools, sniffers etc providing we don't do anything illegal with them.
    Where Zdnet dragged that 'access' up from I don't know but if we want to be taken seriously by non-computer literate people then maybe we need to have something like this to build trust (though sod the interception and recoding keeping parts of the act...)
  • There's also info about how it's really US law enforcement that's driving this thing.

    Well, no there's not. It simply says that a group with 28 members "believe[s] that U.S. law enforcement is attempting to gain international support for modifications to its country's laws -- support that it has not been able to gain domestically. " It wouldn't surprise me if they're right but I don't see a single fact supporting their belief.

    As long as I'm courting flames, know what I think is funny? For decades the most strident voice against ceding control of US law to international bodies and treaties has been Jesse Helms. Of course, all good liberals and leftists denounced him as a jingoistic Neanderthal for resisting globalization and internationalization. Now that internationalization has become politically incorrect, you don't see anyone saying, "Gee, Jesse may be a bigot but he was right all along about the WTO and IMF."

    ---------

  • From Article VI of the Constitution of the United States: [emphasis mine]

    This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

    Now while you could argue that this means treaties only preempt "anything in the { Constitution or laws } of any State"...

    ...you could also argue that treaties preempt "anything in { the Constitution } or { laws of any State }"

    Neither interpretation is gramatically incorrect. This leaves a serious hole in the US Constitution, IMO, that NEEDS AN AMENDMENT NOW to correct. Lest creatives Supreme Court judges rule that Kofi Annan and the UN (and its special councils like ICANN, WIPO, etc.) outrank the rights granted to Americans by the Constitution. We are not safe until an amendment patches this bug.

  • by account_deleted ( 4530225 ) on Thursday October 19, 2000 @06:56AM (#692893)
    Comment removed based on user account deletion

  • Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications;

    Of course, this also would have repercussions for government agencies attempting to engage in legitimate snooping work. (I'm sure some exists!) I'm sure that a "real-world" criminal would have a pretty strong defence if it could be proved that a law-enforcement agency used what would be an illegal method of information-gathering.

    Mind, this would result in more work for those highly-paid lawyers out there.... Coincidence?
  • The last draft I saw of this treaty supplied a standard of 14 years old. I haven't gotten to look over the most recent draft.
  • How about by DDOSing them back? Slam the crap out of them. Also, thier service providers will complain if they take up too much bandwidth. Besides, do we really care if some big business like Amazon is taken down for a few minutes? It's more important that scholars have net access than big business.

    "Evil beware: I'm armed to the teeth and packing a hampster!"
  • The thing is that law enforcement people, in the US and many other countries, don't believe that the existing laws are sufficient. They want to do things like outlawing tools, outlawing the spread of certain information, giving themselves power to do all kinds of spying, and so forth.

    They generally want to increase their own power, and to outlaw behavior that, as far as they're concerned, is "only engaged in by criminals anyway". This is not about justifying their existence. It's about their desire for legal tools to lock up people who, in their opinion, deserve to be locked up.

    These legal changes are often politically unpopular, since they're usually based on an incredibly fucked up, power-tripping worldview that has no room for variation from some imaginary norm, precious little room for the idea of independent thought, and no real respect for the ideas (as opposed to the forms) behind due process.

    Because these changes are unpopular, the people who want them (again, mostly law enforcement people) use various political tactics to get them. One useful tactic is to find a pliable international body that's having some discussion, where the people involved in the discussion are either sympathizers of yours or people you can pressure. You then get that body to issue some piece of paper, say a draft treaty, that requires what you want.

    Politics being what they are, it's hard to change these drafts once they come out, and it gets progressively harder to change them as they move further along in the process. When it comes time to get your domestic legislature to approve the treaty, you say, basically, "everybody else is doing it". You also try to word your treaty so that it's not obvious what it really implies.

    Since the treaty approval process is different from the approval process for regular legislation, and usually involves different people, and since little attention is usually paid to "technical" treaties, you may very well be able to get your treaty approved.

    Once you get everybody to adopt the treaty, you spring the trap... you explain to your local legislature that it's now required by this treaty to pass the laws you couldn't get it to pass before. Game over.

  • Hey! This could save a lot of trouble evaluating the thing if carnivore's made illegal by this treaty!
  • Less than 16 in Holland? Are you kidding? Where ya from anyway? I am from Holland, and trust me, it's 16.

    I can really identify with you, so much.
  • "until it's illegal to have a computer that's NOT hooked up to the internet?"

    Simple! I'll use something that CAN'T be hooked up to the internet and do anything, like an 8088 or something running CP/M...
  • It makes certain acts that are illegal criminal, rather than civil, offences. This would mean that they could be investigated by the police, and punished by imprisonment.
  • Its primary purpose is to show the process running on your system.

    I've got a device at home that allows me to do the same thing, and as such it should be banned and made illegal immediately. It is called a (drums roaring up in background) screwdriver.

    Sorry, couldn't resist.

    I can really identify with you, so much.
  • until it's illegal to have a computer that's NOT hooked up to the internet?
  • Why do we need laws governing the net? I can't think of any good reason. The first two W's in WWW stand for world-wide... nobody owns it, nobody controls it, and that's the way it should be. The internet is the one true place I at one time thought we could be without shackles, free to do whatever. All we are doing by passing laws is limiting the freedom of the intellectuals of our age, while adding power to the corporations who already controll the masses from outside the net. I honestly can't think of one good reason for passing any laws, by any country, that have ANY jurisdiction on the net. I love my freedom more than anything else in the world, and will die to protect it.

    "Evil beware: I'm armed to the teeth and packing a hampster!"
  • ok... i'm trying to picture this one...

    (Associated Press - Alcatraz) Today, in an effort to end the pampered style of geek prison life that so many convicted criminals have been accustomed to, The Rock was reopened for service today.

    "Hey, these guys managed to get T3 lines into every cell, and the guard door system was a joke, we think that they managed to hack the system so that it would let the doors open whenever they wanted.", said Red Bull, the head of HACK (H)ackers (A)re (C)riminals (K)ill 'em.

    "I wished that we could have continued using the death penalty against these evil terrorists and child pornographers, but the ACLU felt it necessary to defend these scumbags. Something about 'the punishment not fitting the crime' or other such nonsense"

    "Look, these felons have it better in prison, hell, their cells are over 4 times as big as a typical cubicle is, and they get in house laundry, THEY DONT EVER HAVE TO WORRY ABOUT DOING LAUNDRY AGAIN, and look this doesnt seem like a big point, but I've been to busts on these evil hackers, and their laundry piles up to huge amounts before they decide to do it. It's inhuman, I tell you.

    "I just wanted to make this prison term as much of a punishment as possible, so we are cutting these geeks off of their lifeline, and going back to all old-style technology. No computers, no net access, barely electricity.

    Maybe now these felons will get what they deserve.


    tagline

  • by ttyRazor ( 20815 ) on Thursday October 19, 2000 @06:59AM (#692906)
    This is effectively taking the tools to protect ourselves from illegal or otherwise undesired activity and placing it in the hands of law enforcement via Carnivore. Of course they could be used to perpetrate "crimes", but they can just as easily be directed to preventing them. Charlton Heston doesn't sound so crazy any more...
  • "Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access ... computer systems or communications."

    HELLO!?! Without "access"ing other computers, there's no point in having an Internet! I'd love it if they made this illegal, because technically everyone in all of the government would be in trouble because they have network in place and are sending and receiving email!

    I think it's about time that we vote out all of these lameass politicians in favour of people who actually have proven themselves to know how technology works, or at LEAST elect a few and make a committee for them to work on, where ALL technology oriented bills have to go...
  • by MO! ( 13886 )
    If you use a program for illegal purposes, you are already breaking the law. How is it that changing this to using an illegal program for illegal purposes is such an extremely urgent need that it requires international support.

    This is nothing more than the FBI attempting to get around the public's resistance to such laws. If an international treaty is signed, which supercedes US law, they get the power they want by essentially going over the heads of American Citizens.

  • I don't agree with you. Here's why:

    The ability to misuse a tool for malignant reasons exist in any aspect of our existence. I'm not just talking about tools that make me a usefull admin. Chainsaws, spray paints, hardware tools (hammers, screwdrivers, pliers, etc) were all created to serve a usefull purpose but they're not regulated or outlawed but if you wanted to you seriously hurt people with em you could. Is it any easier/harder to ddos ebay and yahoo then it is to buy a chainsaw or a nailgun from Home Depot and go to town?

    My point is that it's easy to misuse a tool to do harm and piss people off but it should at least be clear that outlawing it is not the answer.
  • hah I like the "access" part of that statement. Sure, that means AS/400 Client access is gone, so is Netware Client, Microsoft Exchange... hmm... it might not be so bad after all!
  • This is NOT a radical proposal; it's the most reasonable idea I've seen yet.

    David Brin's view, as expressed in The Transparent Society, was precisely this: the People need to watch the Watchers, and be every bit as vigilant as the Government is in their surveillence of us. Not surprisingly, the Government doesn't see it this way, even though our tax dollars pay for the very equipment they use to catalog us like so many butterfly.

    _rant_
    Anyone who unilaterally defends our abilities to question the omnipresent government eye will either be branded a terrorist or a child molester, or both, and will summarily be dismissed, if not imprisoned. (Look how they turned Mitnick: no more frightening example of the power of the Big Stick can be found in recent reportage than his advocacy of the government DB.) This pretty much rules out the "democratic process", leaving us to fend for ourselves. That's why Freenet and such is not only important, but necessary: it exists outside of the limited mindscapes of Those Above.
    _end rant_

    Why can't we see what the Watchers see? This is more than a rhetorical question; it's becoming a fundamental issue of our existence.

  • Also, question: Isn't there some other place in the constitution that states that no US treaty can violate the provisions of the constitution? This is where the heart of the matter lies.

    and all treaties made, or which shall be made, under the authority of the United States

    A treaty that violated the constitution could never be ratified (this would exceed the authority of the United States). As I am not a lawyer, I probably don't understand the subtleties ("Well, yes, I shot him, your honor, but Colt Firearms is the real criminal here") and my cut and dried view is probably being laughed at by attourneys right now.

  • Just look at the DeCSS case to see an example of how "primary use" can be twisted to mean just about anything. Even in the face of clear intent by a large group of users to use it non-infringingly, the remote possibility of abuse was enough to ignore the fair use exemptions.

    "Fair Use" is a doctrine created by the Supreme Court; they could conceivably rule it applies w.r.t. criminal circumvention when used to enable traditional Fair Use, but to date they have not done so.

    As for "primary purpose," DeCSS has no use other than to circumvent effective access control measures. What makes the DMCA dangerous is that it makes no distinction between circumvention used to enable further infringement, and circumvention used to enable otherwise legitamate access. If you purchase a DVD and use DeCSS on it, you are circumventing CSS, even if in so doing you are not infringing on the copyright on the underlying material.

    The DMCA is dangerous precisely because it makes circumvention a criminal act distinct from, and not requiring the presence of subsequent infringement.

  • How about this:

    If someone hacks your system, you have the total right to wipe their data (conter-hacking)

    The idea comes from one of my aqaintances who had someone target him with a virus. (particularly nasty one) He responded by sending his own program.
    Result: One hard drive full of viruses and script kiddy tools wiped out.

    Is this such a bad idea? Let sysadmins go after harmful crackers (eg a virus that wipes hard drive-no restrictions, making a zombie-a few restrictions, changing one file-a lot of restrictions, and just getting in (no harm)-same for sysadmin)

    This would certainly promote a decine in the number of script kiddies with "wipe the hd" type programs, one way or another.

  • "No there certainly is no analogy between security tools like SAINT that can be misused and guns..." Too bad you meant this bit ironically, because I agree with it literally. The day I see a widely-available computer prog (security or otherwise) made with the express purpose of killing people (and/or things), the way guns are, I'm going to move to Burkina Faso and live in a cave.
  • When all monitors must be thrown out remember that they all must be treated as toxic waste due to the large quantity of lead that they contain

  • Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access, intercept or interfere with computer systems or communications;

    I would just like to point out that http (web sites) are a method of accessing other computers. So will this mean that the internet is illegal?????? What about e-comerce???

  • I am sure that the misuse of sniffers would already be considered illegal under some existing law, but making sniffers themselves illegal? It'll never happen. I have been developing networking equipment for ~10 years now, something that would be impossible without the use of sniffers.
  • Indeed. It is unfortunate, but a new term is needed to refer to 'skilled computer enthusiast.'
  • "Brazil" all over again.....
  • by judd ( 3212 ) on Thursday October 19, 2000 @07:14AM (#692921) Homepage
    That is what zdnet say. But if you read the actual treaty (http://conventions.coe.int/treaty/EN/projets/cybe rcrime.doc) (sorry for the icky Word doc, NMF) you will see that the words "access, intercept or interfere" are qualified with the term "without right", and the treaty sections are headed "Illegal Access", "Illegal Interception", and so on.

    I don't like the treaty for other reasons, but it's not that stupidly drafted. So remember people, always read the primary sources, and don't get distracted from the main issues, which are (IMHO):
    - to what extent governments should compromise your rights in order to prevent or detect crime.
    - what constitutes "cybercrime" in any case.
  • So what you're saying is that it's perfectly all right for me to hack into an account of yours online, find out your personal details and then use, say, your credit card to make a series of purchases? That's fine by you?

    Or maybe I could get a photo of you and make some pornographic fakes up and post them around the net? That may not bother you, but I'm sure there would be thousands of people who would be mortified by that.

    But obviously, this, and more, is fine by you.

  • Strangelove is that you?
  • The war on "hackers" is really just a move to put more and younger white Protestant meat in the penal system where they can be commoditized as sex slaves to the ethnic gangs currently influencing the government.

    The miscalculation of these gangs is the degree to which adolescent males, particularly those of Protestant heritage, are being cornered by the prevaling cultural currents into criminal activity as the primary way they can obtain positive attention from young females -- and the degree to which such young males are capable of being turned into hard-core and highly effective cyber-terrorists by such a system.

    The government as it is presently "constituted" is simply incapable of doing anything but raping these young men; either figuratively by offering them very paltry compensation compared to what they can make in the open market, or literally, by putting them into a penal system dominated by ethnic gangsters with connections in the bureaucracies.

  • by bwalling ( 195998 ) on Thursday October 19, 2000 @07:17AM (#692925) Homepage
    Here [coe.int] is a link to the actual draft of the treaty. Please read it before posting. The article makes terrible simplifications of the wording that blur the original meaning.

    Can someone please put this link into the /. article? It is important to the topic.
  • The problem with laws and treaties outlawing cracking tools is that making software illegal creates a broad category of thought-crime. If you ever wrote something someone asserted was a cracking tool, do your thoughts on the matter become illegal to express? It is far far better to make destructive actions punishable, as they mostly are under existing laws, than to encourage law enforcement to acquire ever more intrusive tools of enforcement, and to bring law enforcement into conflict with constitutional rights regarding warrants search and probable cause, which are already too weak.
  • Article 6 only forbids cracking tools if they can show you intend to use them for cracking:

    a) the production, sale, procurement for use, import, distribution or otherwise making available of:


    1. a device, including a computer program, designed or adapted [specifically] [primarily] [particularly] for the purpose of committing any of the offences established in accordance with Article 2 - 5;


    2. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed


    with intent [emphasis added] that it be used for the purpose of committing the offences established in Articles 2 - 5;


    The child pr0n article (9) includes drawings.


    Communications fall under the juristriction of the countries of all communicating parties footnote 21). From the definition of "computer system" and from footnote 23 it is clear that a router is considered a communicating party.


    There are provisions along the lines of ECHELON, Carnivore, RIP and the DMCA, but states are free to uphold civil liberties and free use if they want.

  • "Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary purpose is to..."

    Whenever I see words like that, I know it's just legalize for "bend over." Same kind of shit was in DMCA too. It just brings up the same old tired issues of how do you prove what the primary purpose of a tool is, or that someone might use a certain tool in a certain way. It presumes guilt. What the hell is the point of outlawing tools that can be used for crime, when the crime itself is already outlawed? I hate it when The Powers That Be invent new artificial victimless "crimes" whose only purpose is to prevent other crimes. It always creates innocent offenders.

    No law or treaty that has this type of language in it should be signed.


    ---
  • This time his attempt to propagandize the readership of Slashdot is way off base ... Besides, the wave of terrorist attacks that hit the country (including Columbine) recently were mostly prompted by White Supremacist rhetoric.

    From Eric "The Butcher of Columbine" Harris's web site:

    "You know what I hate? Racism! . . . Don't let me catch you making fun of someone just because they are a different color." [people who don't like] "blacks, Asians, Mexicans or people from any other country or race besides white-American" should "have their arms ripped off" [and be burned].

    I would really like to know which "White Supremacist" organization incited this anti-racist rhetoric on Harris's web site.

    Or could it be, perhaps, that there is some source of propaganda at work here which is effective enough that you have succumbed to it? If so, what might that source be?

    my wife is Thai...I don't think Catholics, Buddhists, Hindus, Jews, Atheists or other religions are particularly likely to be spared this particular indignity, despite Baldreson's assertions.

    A young Thai man I know was recently thrown in jail for a week or so for a minor offense and when he got out, he approached me at a programmers interest group meeting to tell me my perception of the situation in the jails is right on target. The moment he walked into the jail, he was immediately surrounded by other Asians both for protection from the monsterous evils of the environment, and for relatively petty exploitation by gangster elements (crooked gambling, etc.). I had told him that ethnic affiliation was the way to survive in that situation, and he wanted to make sure I knew he appreciated my warning.

    The fact of the matter is, the more hostile the government bureaucracy is toward an ethnic gang, the more likely the members of that ethnicity are to become victims of cruel and unusual punishment in our ethnically-based penal system -- and while all ethnicities are victimized, some not all ethnicities are equally victimized -- and it is a simple fact that Mediterranean mafias among the whites, and other gangs among the nonwhites are relatively effective compared to the much more maligned white supremacist gangs with which you libelously affiliate me in your writings.

    Call my claims "attempts at propaganda", but at some point, after at least 20 years of awareness of the problem at the level of the Supreme Court, one has to ask exactly what interests are being served by the ongoing situation in which we can all complain on occasion, but nothing ever really effective gets done to clean up the mess in the penal system? Could there be some conflict of interest at work, undermining governmental ethics? If not, why not? Why is internationalization spreading the problem to Europe via treaties and other agreements, rather than containing it within the U.S. to be vigorously vanquished? Is it duplicitous "white supremacist WASPs" that occupy figurehead positions in government? Why do you think so many white supremacist organizations, who obtain many of their most ardent supporters from prisons, are happy about Joe Leiberman's nomination as Democratic VP, would like to kill the WASP figure heads, and even so, do not identify the occupiers of the top positions in government as the primary problem?

    Really, who is serving and who is being served by this pathological situation? The sexually sick ethnic gangs of sadists in prison or the people in the halls of power? Why do the guys in the halls of power give so-called "propagandists" like me so much material to work with and generate serious threats to their power if they were actually in control?

    These are questions I've had to face because I like understanding reality more than I like being socially accepted or fashionable. Call me "antisocial", but then a lot of nerds are "antisocial" for the same reason -- and the more "antisocial" they are in precisely this way, the more of a grasp they have on reality and therefore the more "dangerous" in your terms, they become. Post-enlightenment science is like that -- the high priests of universal morality be damned.

    But before you walk -- trying to answer these weighty questions for yourself -- perhaps you should try to crawl: Try to at least ask yourself the question I posed to you about how you came to make the statement the wave of terrorist attacks that hit the country (including Columbine) recently were mostly prompted by White Supremacist rhetoric in the face of the evidence to the contrary?

    You might also ask yourself how a so-called "white supremacist" would end up being respected by a young Thai man who had to spend a little time in the penal system -- probably more respect than you are for attacking.

  • it only makes software/hardware illegal if it used illegally

    thats just like saying that they are outlawing hammers if the hammer is used illegaly. stupid and pointless. how about making the illegal USE of these tools and hardware illegal.

  • by Anonymous Coward
    I assume "intent" is going to be part of this. How else do you legally distinguish between child porn and pictures of children? FWIW, I recall Britain has a law now against artificial child porn - pictures that have been created via Photoshop.

    Wait a minute, why did they pass a law against that? I thought the REASON child porn was banned was because children were being expoited and abused to create it (I have a good friend who was a victim of this, so I'm all for stopping that). Now if some sicko wants to look at a photoshop created image that LOOKS like child porn, what's the harm in that? The reason why someone would want to see that escapes me, but wouldn't it be better to let them look at the digitally created substitute rather than letting them become frustrated with not being able to find anything to satisfy their perverse desires and possibly go out and hurt REAL children?

  • by Alioth ( 221270 ) <no@spam> on Thursday October 19, 2000 @07:08AM (#692939) Journal
    Isn't this "cybercrime" treaty all hot air anyway?

    Aren't there existing laws that deal with these crimes already in existence? We already have copyright law. I know in Britain, there is already the Computer Misuse Act which deals with unauthorized access to computers.

    Why are they trying to invent new laws where existing ones already suffice: is this just another case of bureaucrats trying to justify their existence?

  • by ttyRazor ( 20815 ) on Thursday October 19, 2000 @07:08AM (#692941)
    Just look at the DeCSS case to see an example of how "primary use" can be twisted to mean just about anything. Even in the face of clear intent by a large group of users to use it non-infringingly, the remote possibility of abuse was enough to ignore the fair use exemptions.

    Software is a tool, no different than anything that you'd find in a hardware store. Although imaginative individuals can think of any number of ways to bash, stab, and slice someone with anything you could find at Home Depot, that's no reason to outlaw or restrict them.
  • * Broadly criminalize child pornography, even if the subject only appears to be a child;

    I assume "intent" is going to be part of this. How else do you legally distinguish between child porn and pictures of children? FWIW, I recall Britain has a law now against artificial child porn - pictures that have been created via Photoshop.

    Either way, it's tempting to get worried about this because no question of intent is explicitly worded, and many IANAL types get worried about anything so subjective, but given there'd be a international outcry if proud parents, owners of stores selling goods aimed at children, etc, suddenly started getting jailed and/or deported due to pictures of people under 21 appearing on their sites, we can be reasonably sure that intent will be a factor in practice.

    Not typically in practice. There have been documented cases, although I have no information at hand to reference, where individuals were targetted by vague laws such as these for purely political reasons. Which is the true danger. Sure, not everyone with a picture of their 2yr old in the tub is going to be prosecuted. But if you happen to piss off the "powers that be" in such a way as to provoke a witch hunt - and you happen to have a picture of your 2yr old in the tub - well then Mister! You're a Child Pornographer and gonna do some serious time as some Bubba's wife!

  • refer to the article, they are just "consulting" or something like that. the idea is to get these policys implemented overseas, thus giving them a foothold to implement policy in the US

  • > I find this pretty interesting - since when did the united states government ever have to get support
    > from abroad to implement policies?

    Since the Constitution was first ratified back in the 1780's.

    Art. 2, 2.2 grants the power of making treaties with foreign powers to the Presidnet, if 2/3s of the Senate approves. Art.1, 8.1 grants the power of making laws to enforce treaties to Congress.

    Past legislation to enforce treaties with powers that the US government are not explicitly granted by the Constitution have been upheld by the Supreme Court. (If I were a lawyer, I could cite the case law on this.) It's an end-run around our implicit rights that I've been waiting to happen since Netizens first formulated the Anarchist/Libertarian nature of the 'Net.

    Only I thought the boogey-man the PTB would invoke to do this would be the child pornographers, not garden-variety crackers.

    Geoff
  • Call me a hapless tool of the ZOG, but you're a fruit-loop, mate.

    While undoubtedly the intent and effect of this treaty is to abridge our civil rights, I seriously doubt its main purpose is to offer the tender young butts of /. readers to scary black studs in jail.

    Furthermore, I seriously doubt that the majority of people who might be caught by such legislation are Protestants; between Hindus, Muslims, Catholics and us sneaky untrustworthy Jews, I would say you're in a minority. Not that I take you seriously, you understand...

  • by British ( 51765 ) <british1500@gmail.com> on Thursday October 19, 2000 @06:31AM (#692952) Homepage Journal
    Yes, new laws against those mean "hackers" and "Cybercrime" will definitely solve the problem! I mean, it sure as hell solved all those drug problems.
  • If you read the text of the article carefully, you will find this paragraph:

    Draft No. 22
    The current draft of the treaty, released on Oct. 2, attempts to level the legal playing field throughout Europe by standardizing computer crime statues and requiring signatories to cooperate with one another.

    Standardzied crime statues. Hmmm, so they need to make sure those statues of Kevin Mitnick I see *so* often are of the same height, weight, material, linear distance from "computing device", and so on?

    cya

    Ethelred

  • And then you have:

    "Criminalize the production, sale, distribution or otherwise making available of devices or computer programs who's primary use is to access computer systems or communications."

    The thing is they say "access, intercept, or interfere with".

    They would be making all network programs illegal. Dumbasses.

  • Remember people, we do need laws to govern the online world.

    No, we don't

  • Aren't there existing laws that deal with these crimes already in existence? We already have copyright law.

    Politicians seem to think that if one law is good (i.e. popular) then more will be better. In the States, there is a big push for "hate crime" laws, which would penalize people for, say f'instance, beating up minorities. While these laws may be well-intentioned (like the cybercrime treaty) they in effect require the criminal justice system to read people's minds.

    Assault is already a crime. Why should there be an additional penalty added if the victim is in a protected class? Doesn't that make the rest of us less protected?

    Hate crime? Isn't that redundant? People don't assault, kill, or vandalize (or, for that matter, break into computer systems and wreak havoc) out of love.

    The real point of laws like this is to allow politicans to look good ("See, I'm OPPOSED to assaulting minorities", or "Look how OPPOSED I am to computer crime") without actually doing anything.
  • hmmmm, sound like, in order: wire fraud, theft, slander...
    would be nice if someone wrote some laws to cover that stuf. Wait a minute..... we HAVE laws for that,....be nice if someone enforced them sometime......

  • by OlympicSponsor ( 236309 ) on Thursday October 19, 2000 @06:35AM (#692978)
    "...devices or computer programs who's primary use is to..."

    Announcing the latest and greatest version of "ps". Its primary purpose is to show the process running on your system. But now we've added the "--root_host_x" switch. If you use this switch, it launches a root attack against any foreign system. Totally legal!
    --
    An abstained vote is a vote for Bush and Gore.
  • by Mad Hughagi ( 193374 ) on Thursday October 19, 2000 @06:36AM (#692982) Homepage Journal
    the U.S. government is going overseas to promote in whatever international forum it can find, an expansion of authority that it has not been able to acquire here

    I find this pretty interesting - since when did the united states government ever have to get support from abroad to implement policies?

  • There was a lot of effort made in making this treaty up. Unfortuantly none of that effort went into talking to people who have some real understanding as to what is going on, or what issues really need to be addressed.

    The Internet was, and still is to some extent, about curiosity. It is about figuring out how things work, then telling everybody who wants to know. It is about the lack of geographical boundaries, or any 'real-life' bounds whatsoever. It is about being able to choose what you want to know about, and making that choice freely.

    I've seen the Thomas Jefferson quote bandied about on all of the discussions with the upcommiing US presidental election. This discussion is IMHO a much better place to think about it.
  • >>>I assume "intent" is going to be part of this. How else do you legally distinguish between child porn and pictures of children? FWIW, I recall Britain has a law now against artificial child porn - pictures that have been created via Photoshop. <<<

    The US tried this, too. Fortunately, the Supreme Court acquitted the person involved - the reason kiddy pr0n is illegal in the US is because its creation is harmful to children - fake kiddie pr0n isn't.

  • by Private Essayist ( 230922 ) on Thursday October 19, 2000 @06:42AM (#693004)
    "...since when did the united states government ever have to get support from abroad to implement policies?"

    This is not at all unusual. I believe the same thing happened with copyright laws, with the U.S. government encouraging foreign governments to increase copyright holder's powers, and then came to Congress and said, 'See, the rest of the world is doing it, so we should too.'

    When fanaticism is in play, not getting support for your idea is no deterrent. Just do an end-run around the problem and get what you want without public support.
    ________________

Truly simple systems... require infinite testing. -- Norman Augustine

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