Talk:Convention on Cybercrime

Hacking Tools
What is a hacking tool? Most "hacking" tools have legitimate uses by network adminstraters for security testing. To my knowledge in the United States possesing hacking tools is legal but using them on networks that you do not own or have permission to access is illegal. - unsigned

The US Government says:
 * Nothing in the Convention suggests that States should criminalize the legitimate use of network security and diagnostic tools. On the contrary, Article 6 obligates Parties to criminalize the trafficking and possession of "hacker" tools only where such conduct is (i) intentional, (ii) "without right", and (iii) done with the intent to commit an offense of the type described in Articles 2-5 of the Convention. Because of the criminal intent element, fears that such laws would criminalize legitimate computer security, research, or education practices are unfounded. Moreover, paragraph 2 of Article 6 makes clear that legitimate scientific research and system security practices, for example, are not criminal under the Article. ER paragraphs 47-48, 58, 62, 68 and 77 also make clear that the use of such tools for the purpose of security testing authorized by the system owner is not a crime. Finally, in practice, the existing U.S. laws that already criminalize use of, possession of, or trafficking in "access" or "interception" tools have not led to investigations of network security personnel. - - - Source: United States Department of Justice - Computer Crime & Intellectual Property Section page title: Council of Europe Convention on Cybercrime - - - WAS 4.250 04:37, 9 August 2006 (UTC)

report from the dept. of State
bush's message to the senate, quoted on ars technica article, refers to a report from the dept of State. does anyone what is that report, or where can i read it?

here's a quote from bush's message:


 * 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.

capi 19:08, 6 October 2006 (UTC)

Additional protocol
There is an additional protocol concerning racism, xenophobia etc. What about the signatories of that protocol? Any list? — Preceding unsigned comment added by 161.53.149.242 (talk) 12:42, 25 August 2011 (UTC)

COE Observer States
The first paragraph implies China is an observer state of the Council of Europe. I am not sure this is the case (http://www.coe.int/lportal/web/coe-portal/home/country). Matterwave (talk) 14:45, 16 December 2011 (UTC)


 * I came across this same thing, and was about to note it on the talk page. Seeing as how this has been unresolved for over a year, I will remove China from that sentence. 280.status.net/douglasawh (talk) 22:10, 21 March 2013 (UTC)

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