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OrinKerr.com : Senate Ratifies Cybercrime Treaty

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OrinKerr.com : Senate Ratifies Cybercrime Treaty
Topic: Civil Liberties 1:40 pm EDT, Aug  8, 2006

The traditional approach in the past has been that the U.S. will help a foreign country investigate foreign offenses even if the same conduct is not a crime in the U.S. so long as cooperation does not raise any constitutional difficulties (such as 1st Amendment issues). The cybercrime treaty maintains this traditional approach.

I've read a lot of dithering about this cybercrime treaty. Its reads very similar to US law, and some of the more controversial edges are presented as optional provisions. Furthermore, this treaty doesn't supercede the Constitution. We can't implement it or comply with it in violation of our own Constitution. So I'm not sure there really is a problem here.

Two provisions I'm not so sure about are provisions about the disclosure of crypto keys (19.4), and provisions about secret searches (20.3), but we cannot implement these provisions in a manner that violates the 4th and 5th amendments.

Ship it. If the online civil liberties people bitch about everything we'll be perceived as crying wolf. Save the fights for things that are actually problematic.

OrinKerr.com : Senate Ratifies Cybercrime Treaty



 
 
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