Additional Protocol to the Convention on Cybercrime

Last updated

Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems is an additional protocol to the Council of Europe Convention on Cybercrime. This additional protocol was the subject of negotiations in late 2001 and early 2002. Final text of this protocol was adopted by the Council of Europe Committee of Ministers on 7 November 2002 [1] under the title "Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems, ("Protocol"). [2] The Protocol opened on 28 January 2003 and entry into force is 1 March 2006. As of July 2017, 29 States have ratified the Protocol and a further 13 have signed the Protocol but have not yet followed with ratification. [3]

The Protocol requires participating States to criminalize the dissemination of racist and xenophobic material through computer systems, as well as of racist and xenophobic-motivated threats and insults. [4] Article 6, Section 1 of the Protocol specifically covers the denial of the Holocaust and other genocides recognized as such by other international courts set up since 1945 by relevant international legal instruments. Section 2 of Article 6 allows a Party to the Protocol at their discretion only to prosecute if the offense is committed with the intent to incite hatred, discrimination or violence; or to make use of a reservation, by allowing a Party not to apply – in whole or in part – Article 6. [5]

The Council of Europe Explanatory Report of the Protocol states the "European Court of Human Rights has made it clear that the denial or revision of 'clearly established historical facts – such as the Holocaust – ... would be removed from the protection of Article 10 by Article 17' of the ECHR (see in this context the Lehideux and Isorni judgment of 23 September 1998)". [5]

Two of the English speaking states in Europe, Ireland and the United Kingdom, have not signed the additional protocol, (the third, Malta, signed on 28 January 2003, but has not yet ratified it). [6] On 8 July 2005 Canada became the first non-European state to sign the convention. The United States government does not believe that the final version of the Protocol is consistent with the United States' constitutional guarantees and has informed the Council of Europe that the United States will not become a Party to the protocol. [1] [3]

Related Research Articles

<span class="mw-page-title-main">European Convention on Human Rights</span> International treaty to protect human rights and fundamental freedoms in Europe

The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.

A hate crime is a prejudice-motivated crime, which occurs when a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group.

<span class="mw-page-title-main">Historical negationism</span> Illegitimate distortion of the historical record

Historical negationism, also called historical denialism, is falsification or distortion of the historical record. It should not be conflated with historical revisionism, a broader term that extends to newly evidenced, fairly reasoned academic reinterpretations of history. In attempting to revise the past, historical negationism acts as illegitimate historical revisionism by using techniques inadmissible in proper historical discourse, such as presenting known forged documents as genuine, inventing ingenious but implausible reasons for distrusting genuine documents, attributing conclusions to books and sources that report the opposite, manipulating statistical series to support the given point of view, and deliberately mistranslating texts.

The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court as inhumane acts of a character similar to other crimes against humanity "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime".

<span class="mw-page-title-main">Protocol I</span> 1977 amendment protocol to the Geneva Convention

Protocol I is a 1977 amendment protocol to the Geneva Conventions concerning the protection of civilian victims of international war, such as "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes". In practice, Additional Protocol I updated and reaffirmed the international laws of war stipulated in the Geneva Conventions of 1949 to accommodate developments of warfare since the Second World War (1937–1945).

<span class="mw-page-title-main">Vienna Convention on Road Traffic</span> International treaty

The Convention on Road Traffic, commonly known as the Vienna Convention on Road Traffic, is an international treaty designed to facilitate international road traffic and to increase road safety by establishing standard traffic rules among the contracting parties. The convention was agreed upon at the United Nations Economic and Social Council's Conference on Road Traffic and concluded in Vienna on 8 November 1968. This conference also produced the Convention on Road Signs and Signals. The convention had amendments on 3 September 1993 and 28 March 2006. There is a European Agreement supplementing the Convention on Road Traffic (1968), which was concluded in Geneva on 1 May 1971.

Lehideux and Isorni v. France, was a case heard by the European Court of Human Rights on punishing statements praising collaborators. In a judgement handed down 23 September 1998, the court has held by fifteen votes against six that the conviction of applicants for their article in favour of Philippe Pétain was prescribed by law and pursued a legitimate aim, but wasn't necessary in a democratic society and therefore violated Article 10.

<span class="mw-page-title-main">Human rights in Switzerland</span> Overview of the observance of human rights in Switzerland

Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.

<span class="mw-page-title-main">Convention on Cybercrime</span> 2001 international treaty on cybercrime

The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention, is the first international treaty seeking to address Internet and computer crime (cybercrime) by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations. It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe's observer states Canada, Japan, the Philippines, South Africa and the United States.

<span class="mw-page-title-main">Prüm Convention</span> Law enforcement treaty in part of Europe

The Prüm Convention is a law enforcement treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and which is open to all members of the European Union, 14 of which are currently parties.

<span class="mw-page-title-main">Legality of Holocaust denial</span> Overview of anti-antisemitic legislation

Between 1941 and 1945, Nazi Germany perpetrated the Holocaust: a large-scale genocidal campaign in which approximately six million European Jews were systematically murdered throughout German-occupied Europe. Since World War II, several countries have criminalised Holocaust denial—the assertion by antisemites that the genocide was a myth, fabrication or exaggeration. Currently, 17 European countries, along with Israel and Canada, have laws in place that cover Holocaust denial as a punishable offence. Many countries also have broader laws that criminalise genocide denial, including that of the Holocaust. Among the countries that have banned Holocaust denial, Russia, Austria, Germany, Hungary, Poland, and Romania have also banned Nazi symbols. Any expression of genocide justification is also a criminal offence in several countries, as is any attempt to portray Nazism in a positive light.

<span class="mw-page-title-main">Capital punishment in Armenia</span> Overview of the use of capital punishment in Armenia

Capital punishment in Armenia was a method of punishment that was implemented within Armenia's Criminal Code and Constitution until its eventual relinquishment in the 2003 modifications made to the Constitution. Capital punishment's origin in Armenia is unknown, yet it remained present in the Armenia Criminal Code of 1961, which was enforced and applied until 1999. Capital punishment was incorporated in Armenian legislation and effectuated for capital crimes, which were crimes that were classified to be punishable by death, this included: treason, espionage, first-degree murder, acts of terrorism and grave military crimes.

Computer crime, or cybercrime in Canada, is an evolving international phenomenon. People and businesses in Canada and other countries may be affected by computer crimes that may, or may not originate within the borders of their country. From a Canadian perspective, 'computer crime' may be considered to be defined by the Council of Europe – Convention on Cybercrime. Canada contributed, and is a signatory, to this international of criminal offences involving the use of computers:

Expression of racism in Latvia include racist discourse by politicians and in the media, as well as racially motivated attacks. European Commission against Racism and Intolerance notes some progress made in 2002–2007, mentioning also that a number of its earlier recommendations are not implemented or are only partially implemented. The UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance highlight three generally vulnerable groups and communities: ethnic Russians who immigrated to Latvia under USSR, the Roma community and recent non-European migrants. Besides, he notes a dissonance between "opinion expressed by most State institutions who view racism and discrimination as rare and isolated cases, and the views of civil society, who expressed serious concern regarding the structural nature of these problems".

There is no commonly agreed single definition of “cybercrime”. It refers to illegal internet-mediated activities that often take place in global electronic networks. Cybercrime is "international" or "transnational" – there are ‘no cyber-borders between countries'. International cybercrimes often challenge the effectiveness of domestic and international law, and law enforcement. Because existing laws in many countries are not tailored to deal with cybercrime, criminals increasingly conduct crimes on the Internet in order to take advantages of the less severe punishments or difficulties of being traced.

DPP v Lennon is the first reported criminal case in the U.K. concerning so-called "denial of service" (DoS) attacks. The appeal court found that DoS attacks constituted an offence of unauthorised modification under s. 3 of the Computer Misuse Act 1990 (CMA) and thus clarified the law regarding DoS.

The Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse, also known as the Lanzarote Convention, is a Council of Europe multilateral treaty whereby states agree to criminalise certain forms of sexual abuse against children. It is the first international treaty that addresses child sexual abuse that occurs within the home or family.

<span class="mw-page-title-main">Treaties of the European Union</span>

The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.

<span class="mw-page-title-main">2005 Warsaw Convention</span> Council of Europe convention about money laundering and crime investigation

The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, also known as the Warsaw Convention or CETS 198, is a Council of Europe convention which aims to facilitate international co-operation and mutual assistance in investigating crime and tracking down, seizing and confiscating the proceeds thereof.

Online hate speech is a type of speech that takes place online with the purpose of attacking a person or a group based on their race, religion, ethnic origin, sexual orientation, disability, and/or gender. Online hate speech is not easily defined, but can be recognized by the degrading or dehumanizing function it serves.

References

  1. 1 2 "Frequently asked questions and answers Council of Europe Convention on cybercrime". United States Department of Justice. 25 April 2004. Archived from the original on 9 February 2006. Retrieved 25 April 2020.
  2. Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems on the Council of Europe web site
  3. 1 2 APCoc Treaty open for signature by the States which have signed the Treaty ETS 185. on the Council of Europe web site
  4. Council of Europe Convention on Cybercrime: Frequently Asked Questions and Answers Archived 9 February 2006 at the Wayback Machine by the United States Department of Justice. Last update 10 November 2003
  5. 1 2 Explanatory Report on the additional protocol to the convention on cybercrime
  6. "Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (Chart of signatures and ratifications) Status as of: 28/8/2011". Council of Europe website. Retrieved 28 August 2011.