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Adoption of Convention on Cybercrime

Published online by Cambridge University Press:  10 March 2017

Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Copyright
Copyright © American Society of International Law 2001

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References

1 James, K. Robinson, U.S. Dep’t of Justice Assistant Attorney General, Internet as the Scene of Crime , International Computer Crime Conference, Oslo, Norway (May 29–31, 2000)Google Scholar, at <http://www.usdoj.gov/criminal/cybercrime/roboslo.htm>

2 COE European Committee on Crime Problems, Final Activity Report, Draft Convention on Cyber-Crime and Explanatory Memorandum Related Thereto, COE Doc. CDPC (2001) 17, Add. 1 (June 29, 2001), available, at <http://conventions.coe.int/treaty/en/projets/FinalCybercrime.htm> [hereinafter Draft Convention on Cyber-Crime]. The Council of Europe comprises 43 European states, including all members of the European Union. The United States is not a member.

3 Id., Arts. 2–8.

4 Id., Art. 9.

5 Id., Art. 9(2) (c). A federal statute banning such “virtual” child pornography was found to violate the First Amendment of the U.S. Constitution in Free Speech Coalition v. Reno, 198F.3d 1083 (9th Cir. 1999), but was upheld in United States v. Acheson, 195 F.3d 645 (11 th Cir. 1999), and United States v. Hilton, 167 F.3d 61 (1st Cir. 1999). As of late 2001, Free Speech Coalition was on the docket of the U.S. Supreme Court for review.

6 Draft Convention on Cyber–Crime, supra note 2, Art. 10.

7 Id., pmbl.

8 Id., Arts. 18(1) (b), 21 (1) (b).

9 See, e.g., Global Internet Liberty Campaign Press Release on Member Letter on Council of Europe Convention on Cyber-Crime (Dec. 12, 2000), at <http://www.gilc.org/privacy/coe–letter–1200.html>.

10 Draft Convention on Cyber-Crime, supra note 2, Art. 23.

11 Id., Art. 24.

12 Id., Arts. 25–34.

13 Id., Art. 35.

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