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U.S. Senate Ratifies Cybercrime Treaty 192

espo812 writes "A story from Washingtonpost.com says, 'The Senate has ratified a treaty under which the United States will join more than 40 other countries, mainly from Europe, in fighting crimes committed via the Internet.' Ars Technica says it's the 'World's Worst Internet Law.'" From the Ars story: "According to the EFF, 'The treaty requires that the U.S. government help enforce other countries' 'cybercrime' laws--even if the act being prosecuted is not illegal in the United States. That means that countries that have laws limiting free speech on the Net could oblige the F.B.I. to uncover the identities of anonymous U.S. critics, or monitor their communications on behalf of foreign governments. American ISPs would be obliged to obey other jurisdictions' requests to log their users' behavior without due process, or compensation.;"
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U.S. Senate Ratifies Cybercrime Treaty

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  • by ScrewMaster ( 602015 ) on Friday August 04, 2006 @07:06PM (#15849495)
    you think the Internet, as it is now, is a good thing or a bad thing. If your intent is to make the Internet simply too risky for ordinary people to use, then this is an excellent law.
  • Hmm... (Score:3, Insightful)

    by Poromenos1 ( 830658 ) on Friday August 04, 2006 @07:07PM (#15849502) Homepage
    I believe that what's happening now is the result of someone reading 1984 and thinking "hmm, good idea!"
  • Liberty Trade (Score:1, Insightful)

    by Anonymous Coward on Friday August 04, 2006 @07:08PM (#15849506)
    Does this mean we can expect foreign countries to go after spammers and phishers conducting their business outside the US? Uh huh, right. Thought so.

    Damn, I guess I'll never get my $ back from that...um...medication I ordered.
  • Indeed, the framers intended for the Congress to make law, not enforce it. That is left up to our executive branch. Well, shit we are screwed 2 ways there as the NSA case has already shown us. Fortunately our courts are not so easily bought, or so we hope. The balance of power is very skewed in this and finding a way out of this treaty may prove dificult.
  • by MindPrison ( 864299 ) on Friday August 04, 2006 @07:19PM (#15849557) Journal
    ...can not reach the bits'n'bytes of the ever growing net.

    Aka - you don't stand a chance in HELL to police the internet. Anyone who think so ought to get their brain examined.

    Data is like fluids, you can't filter everything - it's bound to get in everywhere at some time. And the number of data you'd have to filter is increasing with such a speed that there's no chance that ANY law system would be able to hire enough personnel or create software to control it all.

    Want a real life example? Take spam - you can't control that either, and we have laws on it already almost EVERYWHERE - but does it work? Didn't work 10 years ago, not 5 years ago - doesn't work today, won't work in the future. Fluids will get in everywhere anywhere anytime.

    Best way to filter is utilizing the individuals using the computers, mind filtering --> the no 1. filter in this world. The very same filter can also be used to FIND the content you really want rather than looking trough heaps of endless useless information (spam).

    Even if they DID control the net (or the way we access the net) they would be unable to do so - because information always finds a way just like fluid, another net - wireless or by wire...doesn't matter. You can't stop the flow of information now, way too late! And thank goodness for that.
  • by MROD ( 101561 ) on Friday August 04, 2006 @07:25PM (#15849591) Homepage
    If a citizen in one of the other countries is accused by the U.S.A. of committing a crime which isn't illegal in their country the same rules apply.

    Even worse, in the U.K. they could be extradited without the evidence even having to be disclosed to a judge or anyone else due to a treaty (supposedly to be only for terrorist cases but recently used on a fraud charge) with the U.S.A. which the U.K. has ratified but the U.S.A. has refused to. Now, that's scary!
  • by Anonymous Coward on Friday August 04, 2006 @07:50PM (#15849688)
    For those of us who disagree, there is a movement called anoNet that created a seperate internet. In early 2005, a few people fed up with the way the Internet was heading, began in earnest to create a large wide area network that was secure and lived in its own space. On this new network anyone would be free to do as they saw fit - roam about, host services, or just be social without fear of being monitored or even worse censored. The first step to bring this network to fruition was to encrypt the information that normally travels across the Internet.

    anoNet is a full IP network with many users, an IRC network, wiki, SILC, email, web, PGP, and much much more. For more information: http://www.anonet.org/ [anonet.org] or http://anonetnfo.brinkster.net/ [brinkster.net]
  • by tsotha ( 720379 ) on Friday August 04, 2006 @08:21PM (#15849819)
    I don't see why not. We expect other countries to extradite [adamsmith.org] their [techworld.com] citizens [smh.com.au] for breaking US laws. It seems only fair. While in most cases they've broken the law in both countries, that's not always true.
  • Re:I've Had It! (Score:5, Insightful)

    by packeteer ( 566398 ) <packeteer@sBALDW ... com minus author> on Friday August 04, 2006 @08:21PM (#15849822)
    Its sad but true that running away wont help. People need to stop talking about leaving the country and start standing up for what is right at home.
  • Re:I've Had It! (Score:3, Insightful)

    by packeteer ( 566398 ) <packeteer@sBALDW ... com minus author> on Friday August 04, 2006 @08:27PM (#15849848)
    Im sure it is terrifying to the current government to imagine people standing up for themselves.
  • by Britz ( 170620 ) on Friday August 04, 2006 @09:28PM (#15850066)
    Those countries that torture people, throws them in jail without as much as a charge, monitor their citizen, prosecute children...

    Oh wait, since torture is illegal in the US, maybe those countries can be of use after all. Better not get our agents in legal trouble. What countries are those anyways? Are they US allies in the fight against terror and for a free and democratic world, like Saudi Arabia, Turkmenistan and Columbia or rather evil countries like Venezuela and France?
  • by dpilot ( 134227 ) on Friday August 04, 2006 @09:59PM (#15850187) Homepage Journal
    Lookie here: http://developers.slashdot.org/article.pl?sid=06/0 8/04/055227 [slashdot.org]

    "From the article: '...researchers found, for instance, that "judicial nominations" have consumed steadily more Congressional attention between 1997 and 2004. "

    As they say, this too, shall pass.
  • by Anonymous Brave Guy ( 457657 ) on Friday August 04, 2006 @11:10PM (#15850438)

    Even worse, in the U.K. they could be extradited without the evidence even having to be disclosed to a judge or anyone else due to a treaty (supposedly to be only for terrorist cases but recently used on a fraud charge) with the U.S.A. which the U.K. has ratified but the U.S.A. has refused to. Now, that's scary!

    Not for long, I think. In fact, the whole post-9/11 draconian government thing is rapidly dying in the UK, Tony Blair just doesn't realise it yet (or at least doesn't admit to realising it in public).

    Yes, there was the recent case of three banking executives who were transferred to the US under dubious circumstances. However, that caused a huge political storm, because the "anti-terror" legislation was clearly being used for something that had nothing to do with safeguarding the land from terrorists. In this case, I suspect that either the US will ratify the treaty and agree the reverse as well very soon, or the UK government will be forced to pull out.

    It's the same story elsewhere. Just this week, Walter Wolfgang, the long-standing Labour party member removed by heavies from last year's party conference for daring to heckle Jack Straw over the war on Iraq and then denied re-entry under anti-terror laws(!), was elected by the party membership to their national governing body. Not only does he get to speak at the next conference as a result, it seems he's guaranteed the chance to do so from the same platform as Blair et al.

    ID cards and the National Identity Register... Ah, yes, New Labour's greatest threat. Except, of course, that even those people who would like to be involved with it as a lucrative business opportunity are openly questioning whether the government's scheme can even be implemented, never mind bring the claimed benefits. Both the significant opposition parties in England oppose the scheme. The Information Commissioner (our quasi-independent guardian of data protection and freedom of information issues) has issued some of his most damning comments ever on the subject, and ruled against the government several times on information disclosure issues. The timetables are obviously slipping badly, but no-one will admit how badly. The costs are huge, but no-one will disclose how huge. Sooner or later, the whole illusory stack of cards is going to collapse, and all Tony Blair's big "it's be a centrepiece in our next election manifesto" rhetoric is doing is digging his successor's grave early.

    Likewise, a bill described as "Blair's (latest) enabling act" because of its attempt to reduce Parliament to pretty much a rubber stamp was quietly all but dropped a few weeks ago.

    The government has been ruled against yet again in the past few days over the whole restraining order/detention without trial thing. This is one of those awkward issues: it's a good bet that a high proportion of the people subject to restraining orders really are nasty bits of work, but I think the principle of freedom from arbitrary detention transcends the importance of removing some liberties from a small number of individuals who may or may not pose some level of threat. It would be far better, if the government really has enough good intelligence to believe these people pose a current threat to our security, that the government should bring charges against them in a suitable court of law and make its case properly. In any case, one of the most senior judges in our land has now said outright that if the Home Secretary wants to impose this sort of thing, he's had ample time to consult Parliament since some of these suspects came to light, and therefore he can't just award himself new powers without scrutiny to do as he sees fit. (This on top of one of the most damning judgements in recent legal history from the High Court during the previous round of the case, which pulled few punches as far as telling the government it was way out of line.)

    Personally, I increasingly think this is Gordon Brown setting Tony Blair up to take the fall for al

  • by ChrTssu ( 821400 ) on Saturday August 05, 2006 @12:03AM (#15850648)
    Which begs the question: What about the "double jeopardy" laws here in the US? If an individual is prosecuted and aquitted in one nation, are the other signatories allowed to swoop in and begin prosecution anew? I shudder to think that anyone, regardless of the suspected crime, would have to endure as many as forty-two separate trials, each in a completely different jurisdiction, with each jurisdiciton able to interprete the violated law(s) in their own way, and with customs (mainly legal) and languages which may be unfamiliar to the accused. Now, of course, this would violate the US Constitution - if the offender were to be prosecuted twice in the US. The same may not be true in other countries, however, since the trial(s) would not take place on US soil, or in a US court. And what about other 5th Amendment protections (e.g. against self-incrimination) once a criminal investigation/arrest/trial is already underway? If an indictment is handed down, could a defendant be made to testify against himself in court in a country where there are fewer laws protecting defendants? Serious nuts and bolts questions that are not clearly answered by the "essential interests" clauses.
  • Re:I've Had It! (Score:3, Insightful)

    by werewolf1031 ( 869837 ) on Saturday August 05, 2006 @01:14AM (#15850878)
    No, the majority of the population is too stupid to know what's best for them.
    I believe you meant, "the majority of the population is too stupid to care what's going on".
  • by the_womble ( 580291 ) on Saturday August 05, 2006 @02:25AM (#15851063) Homepage Journal
    may refuse

    In other words you retain your right to free speech as long as the executive wants you to have it.

  • by eionmac ( 949755 ) on Saturday August 05, 2006 @06:29AM (#15851558) Journal
    Then why is the exact reverse, folk,who committed no crime under UK law in the UK. have been extradited to USA for a supposed crime under USA laws?

    You cannot have it both ways.

    We are waiting for USA to ratify the extradition treaty under which they extradited the UK folk on, so we in UK can nail over 430 persons in USA who financed terrorism on UK soil.

  • One world order (Score:3, Insightful)

    by nurb432 ( 527695 ) on Saturday August 05, 2006 @07:45AM (#15851693) Homepage Journal
    Phfft.

    Too bad there are few places you can go to to escape this 'melding' of the worlds governments to the least common denominator.

    Between things like this and the WTO, a independent country will no longer h ave any sovereign rights at all.

    And before you say anything about being hypocritical, i don't care who's law 'wins', Its wrong. just wrong, even if its mine.
  • by callingalloldhippies ( 962071 ) on Monday August 07, 2006 @01:57AM (#15857609) Journal
    Yes, it will get you labeled! We wore many labels in the 60's and 70's but we stood up, shouted from every venue we could.

    We stopped a war. oh! hell! I've posted this a dozen times on /. Women no longer die from back alley abortions, We ended segregation. We marched, we even laid down our lives. We were called traitors, but we recognized wrong and fought for right.

    We did not have the tools you have now. We did not have access to the Freedom of Information Act. We did not have access to instant communications world wide.

    You 'write' the programs (code),the software these governments use. They don't create it..you do! Most of them have no clue until you give them the tools to subvert the principles they take away from 'the people',via the stealth methods that the general public is totally unaware of.

    Remember T. Square and the ingenuity the common people and students used (old fashioned fax machines) to get the TRUTH out to the world.

    The power to replace the checks and balances lays in your hands. Open Source isn't under govt. control. Look how the US govt. fought PGP but they didn't kill it.

    I've confesssed in this forum before, to being a 'real' old hippy, (and again, I reiterate: we DID support OUR troops..just not an ilegal war) and I can't do what you all can do. I can only keep believing that you all hold the future of this planet and it's survival (politically and ecologically)in your hands now. I shudder with fear that apathy and greed have over powered 'rightous indignation, and outrage'!

    O.K., I'll go back to lurking and keep on hopeing Right is Might and some of you are, indeed, out-thinking and taking back the rights of the people with the same slealth they have used to strip us of our ability to utilize those check and balances we have already lost.

  • by SonicSpike ( 242293 ) on Wednesday August 09, 2006 @12:27AM (#15871610) Journal
    This is exactly why government should be limited!

    Government without the power to legislate and/or regulate the markets, cannot be used as a tool of special interests to legislate/regulate in their favor. This is one of the main principles behind libertarianism. If the government doesn't interfere in the marketplace, then it can't give anyone a government-granted advantage.

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