[ccwg-internet-governance] Fwd: [Internet Policy] ITU circumventing Budapest Convention?

Greg Shatan gregshatanipc at gmail.com
Sun Nov 27 23:35:32 UTC 2016


I am forwarding this email which is of considerable interest on several
levels.

Greg
---------- Forwarded message ----------
From: Dan McGarry <dmcgarry at imagicity.com>
Date: Sun, Nov 27, 2016 at 5:01 PM
Subject: [Internet Policy] ITU circumventing Budapest Convention?
To: "internetpolicy at elists.isoc.org" <internetpolicy at elists.isoc.org>


As a media professional and technologist with over 2 decades' experience, I
am deeply concerned about Vanuatu's proposed cybercrime bill, due to be
voted on in the 2nd Ordinary Session of Parliament.

I'm not the only one with concerns. This report for the Council of Europe
raises concerns that the new bill is a step backward, not forward.

<http://dailypost.vu/news/cybercrime-bill-unsafe/article_
20246b0c-7b6f-5bba-b766-41dd3de32b80.html>

This is one of dozens of engagements between ITU-funded consultants and
small states in the developing world. The report suggests that the ITU's
offer of 'technical assistance' is effectively an attempt to subvert the
Budapest Convention, to poison the well where international cooperation on
cybercrime is concerned, and to use 'child protection' as a lever widen the
ITU's own mandate and powers.

The effects on the ground are worrying to say the least. As near as I can
tell, the proposed bill (linked on the article's page above) knocks holes
in human rights protections, and creates alarming search & seizure and
surveillance powers for the state. Effectively, we're one bad magistrate
away from having a secret police if this becomes law.

I'm happy to fight my own battles of course, but I'm raising the issue here
because it appears that this is part of an international campaign against a
free and open internet as those of us on this list might imagine it.

I'd encourage anyone with technical/legal expertise to take a look at the
link above, and the cybercrime bill itself, and either to raise any issues
here or contact me directly.

The CoE report on which the story is based can be found here:

<https://www.coe.int/t/dghl/cooperation/economiccrime/Source
/Cybercrime/TCY/2014/3021_model_law_study_v15.pdf>



-- 
Dan McGarry      dmcgarry at imagicity.com

Photos:          http://humansofvanuatu.com/
                 http://imagicity.com/
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