International Aspects of Computer Crime

With the explosive growth of the Internet worldwide, computer crimes increasingly are prone to have international dimensions. Some of the challenges faced by law enforcement on the international front include: harmonization of countries' criminal laws; locating and identifying perpetrators across borders; and securing electronic evidence of their crimes so that they may be brought to justice. Complex jurisdictional issues arise at each step. The Department of Justice is working with foreign governments through many channels to address global threats related to computer crime.

• The G8 (Group of 8) and the G8's Subgroup on High-Tech Crime
  • Background on the G8
  • Meeting of G8 Justice and Home Affairs Ministers, Washington, D.C., May 11, 2004
  • Ministers Attending
  • G8 Principles for Protecting Critical Information Infrastructures
  • G8 Best Practice Principles on Tracing, Freezing and Confiscation of Assets
  • G8 Statement of Principles Concerning the Use and Sharing of DNA Information

• Council of Europe
  • Cybercrime Convention

On November 23, 2001, in Budapest, Hungary, the United States and 29 other countries signed the Council of Europe Cybercrime Convention, the first multilateral instrument drafted to address the problems posed by the spread of criminal activity on computer networks. The Cybercrime Convention will require parties to establish laws against cybercrime, to ensure that their law enforcement officials have the necessary procedural authorities to investigate and prosecute cybercrime offenses effectively, and to provide international cooperation to other parties in the fight against computer-related crime.

The United States actively participated in the drafting of the Cybercrime Convention from the beginning and accepted comments and consulted with interested persons and groups, especially after the draft text was first made public in April 2000. Ambassador Nancy Brinker signed the Convention on behalf of the United States. In order for the Convention to enter into force in the United States, it first must be ratified by the President, after the President receives the advice and consent of the Senate. On November 17, 2003, President Bush transmitted the Convention to the Senate with a view to receiving its advice and consent to ratification. See the full report of the President's Message to the Senate on the Council of Europe Convention on Cybercrime (November 17, 2003).

The Senate Foreign Relations Committee held a hearing concerning the Convention on Cybercrime and other law enforcement treaties on June 17, 2004. Deputy Assistant Attorney General Bruce Swartz testified on the Convention and other Multilateral Law Enforcement Treaties, urging the Senate to give rapid advice and consent to its ratification. See Statement of Deputy Assistant Attorney General Bruce Swartz before the United States Senate Foreign Relations Committee, "Multilateral Law Enforcement Treaties" (June 17, 2004).

On August 3, 2006, the United States Senate voted to ratify the Cybercrime Convention.

On September 22, 2006, the President signed the United States instrument of ratification for the Council of Europe Convention on Cybercrime. The United States became a party to the Convention upon despoit of the instrument of ratification at the Council of Europe on September 29, 2006. The Convention entered into force for the United States on January 1, 2007.

• • Text of Convention in HTML Format (signed 23 November 2001)
  • Explanatory Report to the Convention on Cybercrime (released 8 November 2001)
  • Frequently Asked Questions about the Council of Europe Convention on Cybercrime (October 27, 2003)
  • Assistant Attorney General Laura H. Parsky Remarks before the "The Major Challenges of Intellectual Property Protection" Conference in Rome, Italy (October 14, 2004)
  • Deputy Assistant Attorney General John Malcolm remarks before the OECD-APEC Forum: Policy Frameworks for the Digital Economy (January 15, 2003)

More:

• • Attorney General Janet Reno's Speech to Senior Experts Representing the G-7 on January 21, 1997
  • Council of Europe Recommendation 95(13) relating to problems of criminal procedural law connected with information technology, Sept. 1995
  • Creating a Safer Information Society by Improving the Security of Information Infrastructures and Combating Computer-related Crime
  • U.S. Government Response to the Cybercrime Communication (* Note: This document reflects the position of the United States at the time of its drafting in 2001. In light of ongoing discussions and evolving policy positions on issues relating to some substantive and procedural issues, it may no longer reflect the official position of the Department or the United States.)
  • Deputy Assistant Attorney General DiGregory's Remarks before the European Parliament (September 19, 2000)
  • Remarks of James K. Robinson, Assistant Attorney General, Criminal Division, on the "Internet as the Scene of Crime" at the International Computer Crime Conference in Oslo, Norway (May 29, 2000)
  • Remarks of U.S. Attorney General Eric Holder on "Combatting Ponography on the Internet" at the Vienna, Austria Intenational Child Pornography Conference (September 29, 1999)