[Congressional Record Volume 149, Number 166 (Monday, November 17, 2003)]
[Senate]
[Page S14969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 108-11

  Mr. KYL. Mr. President, as in executive session, I ask unanimous 
consent that the injunction of secrecy be removed from the following 
treaty transmitted to the Senate on November 17, 2003, by the President 
of the United States:

     Cybercrime Convention (Treaty Document 108-11).

  I further ask that the treaty be considered as having been read the 
first time; that it be referred, with accompanying papers, to the 
Committee on Foreign Relations and ordered to be printed; and that the 
President's message be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The message of the President is as follows:
To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Council of Europe Convention on 
Cybercrime (the ``Cybercrime Convention'' or the ``Convention''), which 
was signed by the United States on November 23, 2001. In addition, for 
the information of the Senate, I transmit the report of the Department 
of State with respect to the Convention and the Convention's official 
Explanatory Report.
  The United States, in its capacity as an observer at the Council of 
Europe, participated actively in the elaboration of the Convention, 
which is the only multilateral treaty to address the problems of 
computer-related crime and electronic evidence gathering. An overview 
of the Convention's provisions is provided in the report of the 
Department of State. The report also sets forth proposed reservations 
and declarations that would be deposited by the United States with its 
instrument of ratification. With these reservations and declarations, 
the Convention would not require implementing legislation for the 
United States.
  The Convention promises to be an effective tool in the global effort 
to combat computer-related crime. It requires Parties to criminalize, 
if they have not already done so, certain conduct that is committed 
through, against, or related to computer systems. Such substantive 
crimes include offenses against the ``confidentiality, integrity and 
availability'' of computer data and systems, as well as using computer 
systems to engage in conduct that would be criminal if committed 
outside the cyber-realm, i.e., forgery, fraud, child pornography, and 
certain copyright-related offenses. The Convention also requires 
Parties to have the ability to investigate computer-related crime 
effectively and to obtain electronic evidence in all types of criminal 
investigations and proceedings.
  By providing for broad international cooperation in the form of 
extradition and mutual legal assistance, the Cybercrime Convention 
would remove or minimize legal obstacles to international cooperation 
that delay or endanger U.S. investigations and prosecutions of 
computer-related crime. As such, it would help deny ``safe havens'' to 
criminals, including terrorists, who can cause damage to U.S. interests 
from abroad using computer systems. At the same time, the Convention 
contains safeguards that protect civil liberties and other legitimate 
interests.
  I recommend that the Senate give early and favorable consideration to 
the Cybercrime Convention, and that it give its advice and consent to 
ratification, subject to the reservations, declarations, and 
understanding described in the accompanying report of the Department of 
State.
                                                      George W. Bush.  
The White House, November 17, 2003.

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