[Chapter-delegates] information about replacement fo Budapest convention in EU - What ISOC is doing
borka at e5.ijs.si
borka at e5.ijs.si
Wed Jul 7 09:25:43 PDT 2021
The EIO replace the Budapest convention in case the investigation is
carried out within the EU member states as several unclear defintion in
the convention regarding territorial authority and aceptance of an order
are out of date and not properly workin (identified by legal experts). The
EIO solves some of these issues as well the
cross border data colection. However, if third country is
involved than
the convention may help and rules there can be applied (based on the
concerned country authority
consent) if there is no other agreement.
Borka
On Wed, 7 Jul 2021, Mike Godwin wrote:
> My understanding is that Council of Europe-promulgated treaties (such as the
> Budapest Convention) should be understood as traditional multi-lateral
> treaty procedures--that is, they're not EU-governance regulations or laws as
> such. If an EU-level initiative references the Budapest Convention, that
> just means it's citing the Convention as a source document to explain what
> it's doing. It seems incorrect to say that EU directive or regulation could
> "replace" the Budapest Convention--that's not how these processes work, so
> far as I know.
> Mike
>
>
>
> On Wed, Jul 7, 2021 at 9:06 AM 32888 via Chapter-delegates
> <chapter-delegates at elists.isoc.org> wrote:
> Hi,
>
> Just one minor information concerning Veni mail: Budapest
> convention for
> cybercrime fight was
> initiated and adopted by the Council of Europe. After the
> adoption many
> other countries
> (the number is now cca 40) joined and signed the convention.
> In 2017 EU Commision
> has developed and adopted the new Directive definig the
> European
> Investigation Order that
> replaces the Budapest convention and is now translated to the EU
> member
> state legislations (with exception of Ireland and Denmark).
> Further
> supporting documents were prepared as "Regulations" regarding
> the rules
> and the
> methods enabling direct cross-border data collection in case of
> cybercrime investigation with newest defintions of the digital
> services
> and type of data (e.g.
> traffic and private). These documents are declaring cooperation
> with USA
> and other countries on the same subject addressed by the
> Budapest
> convention. However, their final
> adoption was delayed due to the COVID19 crise.
>
> With regards,
>
> Borka
>
>
>
> On Tue, 6 Jul 2021, Veni Markovski via Chapter-delegates wrote:
>
> > Hi, everyone.
> > Andrew and I exchanged 2 emails in another list (I CC:ed my
> response to him
> > in this group, as I believe it is relevant), but I thought
> this discussion
> > is better to take place among the chapters and Andrew in this
> list.
> >
> > ISOC Bulgaria is concerned when seeing attempts for moving the
> > multistakeholder model of Internet governance to a
> multilateral one. We see
> > it at the ITU, and we see it at the UN. Some major newspapers
> have written
> > about it - see for example thisarticle:https://www.washingtonpost.com/opinions/2021/05/04/russias-plot-con
> trol-int
> > ernet-is-no-longer-secret/. Since it may require subscription,
> I am copying
> > the text below.
> >
> > It would be good to know: a) what ISOC is doing with regards
> to this issue,
> > b) what chapters see in their respected countries, and c) how
> chapters could
> > help ISOC, assuming that it is doing something.
> >
> > best,
> > v/
> >
> > Russia’s plot to control the Internet is no longer a secret
> > by David Ignatius
> >
> > Russia’s campaign to control the Internet isn’t just a secret
> intelligence
> > gambit any longer. It’s an explicit goal, proclaimed by
> Russian President
> > Vladimir Putin as a key element of the Kremlin’s foreign
> policy.
> >
> > Putin complained during his annual address to the Russian
> federal assembly
> > on April 21 that the United States and other western countries
> are
> > “stubbornly rejecting Russia’s numerous proposals to establish
> an
> > international dialogue on information and cybersecurity. We
> have come up
> > with these proposals many times. They avoid even discussing
> this matter.”
> >
> > Asking for “international dialogue” takes some nerve, coming
> from the
> > world’s biggest cyberbully — a country that notoriously
> meddled in the 2016,
> > 2018 and 2020 U.S. elections, and has engaged in similar
> Internet mischief
> > throughout the world. Controlling the “information space,” as
> the Russians
> > sometimes call it, has long been an intelligence priority for
> Moscow.
> >
> > Russia is waging its cyberdiplomacy offensive on two fronts:
> First, the
> > United Nations has embraced Russia’s proposal to write a new
> treaty
> > governing cybercrime, to replace the 2001 Budapest convention
> that Moscow
> > rejected because it was too intrusive. And second, Russia is
> lobbying for
> > its candidate to head the U.N.’s International
> Telecommunications Union
> > (ITU) and use it to supplant the current private group, known
> as ICANN, that
> > coordinates Internet addresses.
> >
> > These international regulatory battles sound obscure, but they
> will help
> > determine who writes the rules for Internet communications for
> the rest of
> > the 21st century. The fundamental question is whether the
> governance process
> > will benefit authoritarian states that want to control
> information or the
> > advocates of openness and freedom.
> >
> > Secretary of State Antony Blinken stressed on Tuesday the
> importance of this
> > contest. “There are relatively few items that are ultimately
> going to have a
> > greater impact on the lives of people around the world than
> the ITU post. It
> > may seem dry and esoteric, but it’s anything but. And so we’re
> very, very
> > actively engaged on this front,” Blinken said in an email
> message,
> > elaborating on comments he made to me during an April 7
> interview.
> >
> > Russia outlined its ITU game plan in unusually forthright
> comments by Ernst
> > Chernukhin, the foreign ministry’s special coordinator for
> political use of
> > information and communications technology. He spoke on April
> 21, the same
> > day Putin made his speech.
> >
> > “The optimal option . . . would be transferring Internet
> management
> > prerogatives specifically to the ITU, as it is a specialized
> U.N. body,
> > which has the needed expertise on these issues,” Chernukhin
> said. “This
> > strategic objective may be achieved by electing or promoting
> the Russian
> > candidate to the position of the ITU Secretary-General in the
> 2022 elections
> > . . . and by holding the 2025 anniversary U.N. Internet
> Governance Forum in
> > Russia.”
> >
> > Russia’s candidate for ITU secretary-general is Rashid
> Ismailov, a former
> > deputy chief of the Russian communications ministry and a
> former executive
> > at the Chinese telecommunications company Huawei. In
> announcing Ismailov’s
> > candidacy on April 7, Maxim Parshin, the current deputy
> minister, underlined
> > Moscow’s governance takeover plan: “We believe it is important
> to define an
> > entity, within the U.N. framework, that would develop and
> implement legal
> > norms and standards in the field of Internet governance. We
> think that the
> > ITU could become such an entity.”
> >
> > The Biden administration’s candidate for the ITU post is
> Doreen
> > Bogdan-Martin, an American telecommunications expert who’s
> currently
> > director of the ITU’s development bureau. The State
> Department, which has
> > sometimes been lackadaisical in such international regulatory
> contests,
> > is campaigning aggressively for Bogdan-Martin, and officials
> hope she’ll
> > have sufficient support in Africa, Europe, Latin America and
> elsewhere to
> > win the post. The election will take place at an ITU gathering
> late next
> > year in Romania.
> >
> > Internet technical governance today is managed by ICANN, which
> stands for
> > Internet Corporation for Assigned Names and Numbers. This
> gathering of
> > engineers and other experts was founded in 1998 to supervise
> domain names
> > for the Defense Department’s ARPANET system, and it operated
> under a
> > contract with the Commerce Department until 2016, when it went
> fully
> > private.
> >
> > The American roots of the Internet seem to both upset Putin
> and fuel
> > conspiratorial talk. The Russian leader said during a 2014
> > interview translated by RT that the Internet “first appeared
> as a special
> > CIA project . . . and the special services are still at the
> center of
> > things.” Dmitry Medvedev, Russia’s former president,
> complained in a
> > February interview: “The Internet emerged at a certain time,
> and undoubtedly
> > the key rights to control are in the United States.”
> >
> > Russia is ready to rumble over the rules that will shape the
> future of
> > Internet communications. Fortunately, the Biden administration
> seems
> > determined to fight back hard to maintain fair and open rules.
> >
> >
> >
> > --
> >
> > Best regards,
> > Veni
> > https://www.veni.com
> > pgp:5BA1366E veni at veni.com
> >
> > The opinions expressed above are those of the
> > author, not of any organizations, associated
> > with or related to him in any given way.
> >
> >_______________________________________________
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