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Cybercrime treaty before U.S. Senate: two critiques

Previous Politech message:
http://www.politechbot.com/2005/11/29/fuzzy-logic-behind/

-------- Original Message --------
Subject: Re: [Politech] Weekly column: Fuzzy logic behind proposed
cybercrime treaty
Date: Tue, 29 Nov 2005 16:54:55 -0800
From: Thomas Leavitt <thomas@thomasleavitt.org>
Organization: Godmoma's Forge, LLC
To: Declan McCullagh <declan@well.com>

Declan,

  Does "dual criminality" really offer any significant protections?
What's to prevent the KGB from manufacturing some completely specious
charge (such as trafficking in child pornography) to mask their real
intent (monitoring the communications of a critic)? Is "treason" as
defined by Russia a crime here - how are differences in these
interpretations adjudicated?

  With our without "dual criminality", what is to prevent American law
enforcement from utilizing the cybercrime treaty's provisions to
sidestep American constitutional protections by having international law
enforcement agencies monitor American citizens on their behalf?

  The absence of the "dual criminality" provisions is very alarming...
when I ran WebCom, and hosted the Zundelsite (which the German , I
pretty much presumed that it would be unwise to journey into Germany...
or other countries they had extradition treaties with who had similar
laws against "hate speech". Now, I wonder if this treaty would have made
me liable, here in the U.S., for violating German law...

  This whole thing strikes me as incredibly dangerous and suspect.

Regards,
Thomas Leavitt


-------- Original Message --------
Subject: REMOVEEMAIL Re: [Politech] Weekly column: Fuzzy logic behind
proposed cybercrime treaty
Date: Tue, 29 Nov 2005 13:38:35 -0800
From: X
To: Declan McCullagh <declan@well.com>
References: <438C7B52.70806@well.com>

> on behalf of another government; U.S. businesses can be slapped with
> "expedited preservation" orders preventing them from routinely deleting
> logs or other data.

What happens if all I have is a machine from 1994 that has a 2GB hard
drive. If I can't delete logs then what happens when /var fills up?
There is, after all, only 70MB left on that partition. Would one be required
to get more storage or is the government going to spring for a SCSI RAID
array? Are they going to have money for this after using their resources
for all these other countries?

Or, maybe the US will just ignore many requests because we're the US and
we do whatever we want, whenever we want, at all times. I don't think we
respect other counties enough not to just laugh in their faces when they
ask for somewhat.

I can't see the US extraditing any US citizen.  Of course, we've not had
a treaty like this before, and this isn't really the US that we have
all known and loved. Have all our veterans been fighting for naught?

I mean, come on, Albania has ratified it? A country where it is
prohibited to send, "clothing contrary to Albanian's taste."

Cyprus has ratified it? A country where it is illegal to send police
training manuals to anybody other than law enforcement officials?

etc., etc.,

Posted by Declan McCullagh on Nov 30, 2005 in category privacy


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