Remarkably, the exceptions contained in the Cybercrime Convention negate its impact.
Perhaps as a sign of the naive belief that the feckless Cybercrime Convention will actually curb cyber attacks, the Council of Europe's Committee of Experts on Terrorism opined in February 2010 that no further conventions are needed to address cyber terrorism because "large scale attacks on computer systems appeared to be already covered by the Cybercrime Convention.
251) To the contrary, the Cybercrime Convention seems to merely limit the ability of a law-abiding entity to take proactive steps necessary to cease a cyber threat.
Specifically, the Cybercrime Convention provides that the parties
these offenses under the Cybercrime Convention, terms such as
of the Cybercrime Convention is beneficial in the context of military
With reference to the Cybercrime Convention and the South African legislative framework, the procedural measures introduced in section 2 of the Cybercrime Convention for purposes of the collection of electronic evidence in general refer to all types of data.
Article 1(b) of the Cybercrime Convention defines 'computer data' as
The electromagnetic emissions emitted by a computer during its operation are not considered data in terms of the definition in article 1 of the Cybercrime Convention.
Officially, this Cybercrime Convention
was drafted by the 43-member Council of Europe, with the U.
21, 2005); working on computer security issues for federal agency systems; and working in late 2000 on discussions concerning the Council of Europe Cybercrime Convention
, Convention on Cybercrime, opened for signature Nov.
27) The Cybercrime Convention is an international treaty designed to police cyber crime through international cooperation.
Baron, A Critique of the International Cybercrime Convention, 10 COMMLAW CONSPECTUS 263, 269 (2002) (discussing the formation of the PC-CY).
shtml (recognizing that the Convention raises concerns about what conduct falls within its broad definitions) [hereinafter CDT Comments]; David Banisar & Gus Hosein, A Commentary on the Council of Europe Cybercrime Convention, Section by Section Analysis-Art.
The delegations agreed on crucial measures, including the importance of developing national cyber strategies, fostering domestic and regional coordination, developing CERTs, and signing the Budapest Cybercrime Convention