The Convention, adopted in
The treaty, also known as the
These are precisely the practices engaged in by the U.S., British and other governments, according to documents leaked to the media in June by former U.S. National Security Agency (NSA) contractor
The Convention was adopted by the
So far, 51 states have signed the Convention and 40 have ratified it.
It is possible to file a complaint with the Cybercrime Convention Committee, but any action taken is based on the national laws that its members must approve in order to live up to the Convention. Complainants can also turn to the
A complaint “can be successful, but it would be partial, because among the countries that are party to the Convention, there are interests at stake. The law can be bent and accommodated to national legislation,” Enoc GutiÉrrez, a professor of information and communications technology (ICT) at the
In a 2012 study that analysed Mexican, U.S. and EU laws, GutiÉrrez and his colleagues Lucio OrdÓÑez and VÍctor Saucedo argued the need for special legislation and a special court on computer crime.
The problem is that the Convention does not take into account that cybercrimes can include espionage by a state. The general impression is that when a government seeks cross-border access to computer data, it is doing so to investigate crimes and pursue criminals.
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