(251) To the contrary, the Cybercrime Convention seems to merely limit the ability of a law-abiding entity to take proactive steps necessary to cease a cyber threat.
Because the Cybercrime Convention does not diminish cyber attacks, lacks any enforcement or prosecution mechanism and expressly states that signatory states pass domestic criminal laws covering "illegal access," (253) "illegal interception," (254) criminal "misuse of devices," (255) [emphasis added], the United States is not prevented from issuing letters of marque.
Attorney General stated, in 2006, that the Cybercrime Convention "is in full accord with all U.S.
The intent of the Cybercrime Convention was to set up a basic
activities the Cybercrime Convention intends to criminalize, it is
Specifically, the Cybercrime Convention provides that the parties
Article 1(b) of the Cybercrime Convention defines 'computer data' as
The term 'computer data', as introduced by the Cybercrime Convention, must be understood as data in an electronic form or in another directly processable form.
Unfortunately, the Cybercrime Convention
does not provide good
Baron, A Critique of the International Cybercrime Convention, 10 COMMLAW CONSPECTUS 263, 269 (2002) (discussing the formation of the PC-CY).
2, 2002) http://www.cdt.org/international/cybercrime/010206cdt.shtml (recognizing that the Convention raises concerns about what conduct falls within its broad definitions) [hereinafter CDT Comments]; David Banisar & Gus Hosein, A Commentary on the Council of Europe Cybercrime Convention, Section by Section Analysis-Art.
Russia has tailored its new cybercrime convention
to fit its authoritarian needs.