August 21, 2011 Leave a comment
Should we be concerend by the international enthusiasm to subscribe to Council of Europe Convention on Cybercrime – the only international treaty on cybercrime on offer.
There is no arguement that cyber crime is rampant and the ‘less than honest’ are way ahead of the game and comfortably operating in the absence of any real effective legal counter measures. It is difficult proposition, but should Australia commit in a wholesale manner to the first sign of an international effort to address this issue.
Anyway, under probable consideration it is, with the Cybercrime Legislation Ammendment Bill 2011 currently being reviewed by a joint standing committee.
Proceeding as seems likely, it will make extra work for carriers as they will have greater responsibilites and accountabilities in the implimentation of the expansion of the Telecommunications Interception Act – potentially required to capture and store targeted transmissions for 90 to 180 days , up from 5 days and required to establish processes to enable foreign governments to demand the preservation and handing over of internet and telecommunications usage data under the context of online crime surveillance.
Acceptance of these far reaching behaviours into AU law holds concern as to the precedent of the level of interception afforded to local and foriegn agencies. Prior to the upcoming sitting in front of the High Court, AFACT may very well be rubbing their hands together as it is a further step to impel Carriage Service Providers to be active participants in the act of pursuing identified illegal activity on its network.
40 countries have either signed or become a party to the Convention, including the United States, United Kingdom, Canada, Japan and South Africa. A great many more are also using the Convention as the basis to adjust local legislation in response to the rise of cybercrime.
A fear based policy initiative towards a global nation state or a reasonable and balanced application of an international treaty – or a bit of both.
Some associated reading: Expalanatory Memorandum