For Immediate Release
Office of the Press Secretary
November 17, 2003
Message to the Senate of the United States
With a view to receiving the advice and consent of the Senate to
ratification, I transmit herewith the Council of Europe Convention on
Cybercrime (the "Cybercrime Convention" or the "Convention"), which was
signed by the United States on November 23, 2001. In addition, for the
information of the Senate, I transmit the report of the Department of
State with respect to the Convention and the Convention's official
Explanatory Report.
The United States, in its capacity as an observer at the Council of
Europe, participated actively in the elaboration of the Convention,
which is the only multilateral treaty to address the problems of
computer-related crime and electronic evidence gathering. An overview
of the Conventions provisions is provided in the report of the
Department of State. The report also sets forth proposed reservations
and declarations that would be deposited by the United States with its
instrument of ratification. With these reservations and declarations,
the Convention would not require implementing legislation for the
United States.
The Convention promises to be an effective tool in the global
effort to combat computer-related crime. It requires Parties to
criminalize, if they have not already done so, certain conduct that is
committed through, against, or related to computer systems. Such
substantive crimes include offenses against the "confidentiality,
integrity and availability" of computer data and systems, as well as
using computer systems to engage in conduct that would be criminal if
committed outside the cyber-realm, i.e., forgery, fraud, child
pornography, and certain copyright-related offenses. The Convention
also requires Parties to have the ability to investigate
computer-related crime effectively and to obtain electronic evidence in
all types of criminal investigations and proceedings.
By providing for broad international cooperation in the form of
extradition and mutual legal assistance, the Cybercrime Convention
would remove or minimize legal obstacles to inter-national cooperation
that delay or endanger U.S. investigations and prosecutions of
computer-related crime. As such, it would help deny "safe havens" to
criminals, including terrorists, who can cause damage to U.S. interests
from abroad using computer systems. At the same time, the Convention
contains safeguards that protect civil liberties and other legitimate
interests.
I recommend that the Senate give early and favorable consideration
to the Cybercrime Convention, and that it give its advice and consent
to ratification, subject to the reservations, declarations, and
understanding described in the accompanying report of the Department of
State.
GEORGE W. BUSH
THE WHITE HOUSE,
November 17, 2003.
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