[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.