CoE Cybercrime Convention

The Attorney-General and Minister for Home Affairs & Justice have released a 16 page public consultation paper regarding Australia's proposed accession to the Council of Europe Convention on Cybercrime, promoted as "the only binding international treaty on cybercrime" and as "a guide for nations developing comprehensive national legislation on cybercrime".

The Attorney-General stated that -

As cybercrime is a global issue, the Convention provides systems to facilitate international co-operation between signatory countries, as well as establishing procedures to make investigations more efficient.

While Australian law substantially complies with the obligations in the Convention, there is more we can do to ensure Australia is in the best position to address the range of cyber threats that confront us, both domestically and internationally.

The Convention broadly harmonises national law regarding cybercrime by requiring signatories to criminalise four types of offences, including -

• offences against the confidentiality, integrity and availability of computer data and systems, including illegal access to computer systems, illegal interception, data interference, systems interference and the misuse of devices;

• computer-related offences, including forgery and fraud;

• content-related offences, including child pornography; and

• offences related to the infringement of copyright and other related rights.

It also establishes procedures to facilitate investigations and cooperation between national law enforcement bodies, including -

• helping authorities from one country to collect data in another country;

• empowering authorities to request the disclosure of specific computer data;

• allowing authorities to collect or record traffic data in real-time;

• establishing a 24/7 network to provide immediate help to investigators; and

• facilitating the exchange of information.

Submissions are sought by 14 March 2011. Legislative amendments to give effect to the Convention are outlined in the exposure draft Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill released for public comment on 31 January 2011. The deadline for comment on that draft is 14 March.