    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book II)]
    [November 17, 2003]
    [Pages 1571-1572]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Senate Transmitting the Council of Europe Convention on
    Cybercrime
    November 17, 2003

    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

    [[Page 1572]]

     The White House,

     November 17, 2003.