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The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention, is the first international treaty seeking to address Internet and computer crime by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations.〔( Convention on Cybercrime ), Budapest, 23 November 2001.〕〔(Arizona Daily Star )〕 It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe's observer states Canada, Japan, South Africa and the United States. The Convention and its Explanatory Report was adopted by the Committee of Ministers of the Council of Europe at its 109th Session on 8 November 2001. It was opened for signature in Budapest, on 23 November 2001 and it entered into force on 1 July 2004.〔Staff. (The COE International Convention On Cybercrime Before Its Entry Into Force ), UNESCO, January–March 2004〕 As of September 2015, 47 states have ratified the convention, while a further seven states had signed the convention but not ratified it.〔(List of signatories and ratifications of the treaty ), website of the Council of Europe〕 Since it entered into force, important countries like Brazil and India have declined to adopt the Convention on the grounds that they did not participated in its drafting. Russia opposes the Convention, stating that adoption would violate Russian sovereignty, and has usually refused to cooperate in law enforcement investigations relating to cyber crime. On 1 March 2006 the Additional Protocol to the Convention on Cybercrime came into force. Those States that have ratified the additional protocol are required to criminalize the dissemination of racist and xenophobic material through computer systems, as well as threats and insults motivated by racism or xenophobia.〔"(Frequently asked questions and answers Council of Europe Convention on cybercrime )", by the United States Department of Justice〕 ==Objectives== The Convention is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography, hate crimes, and violations of network security.〔Arias, Martha L., "(The European Union Criminalizes Acts of Racism and Xenophobia Committed through Computer Systems )", April 20, 2011.〕 It also contains a series of powers and procedures such as the search of computer networks and lawful interception. Its main objective, set out in the preamble, is to pursue a common criminal policy aimed at the protection of society against cybercrime, especially by adopting appropriate legislation and fostering international cooperation. The Convention aims principally at: * Harmonising the domestic criminal substantive law elements of offences and connected provisions in the area of cyber-crime * Providing for domestic criminal procedural law powers necessary for the investigation and prosecution of such offences as well as other offences committed by means of a computer system or evidence in relation to which is in electronic form * Setting up a fast and effective regime of international cooperation The following offences are defined by the Convention: illegal access, illegal interception, data interference, system interference, misuse of devices, computer-related forgery, computer-related fraud, offences related to child pornography, and offences related to copyright and neighbouring rights. It also sets out such procedural law issues as expedited preservation of stored data, expedited preservation and partial disclosure of traffic data, production order, search and seizure of computer data, real-time collection of traffic data, and interception of content data. In addition, the Convention contains a provision on a specific type of transborder access to stored computer data which does not require mutual assistance (with consent or where publicly available) and provides for the setting up of a 24/7 network for ensuring speedy assistance among the Signatory Parties. The Convention is the product of four years of work by European and international experts. It has been supplemented by an Additional Protocol making any publication of racist and xenophobic propaganda via computer networks a criminal offence. Currently, cyber terrorism is also studied in the framework of the Convention. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Convention on Cybercrime」の詳細全文を読む スポンサード リンク
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