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Subject: Comments on Draft Convention on Cyber-crime
From: Brooke, O'neil (EXP) (o'neil.brookeLMCO.COM)
Date: Tue Oct 31 2000 - 08:20:34 CST
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I am concerned about this particular article. If a computer system under my authority (whether a personal computer or corporate computer that I am responsible for) is generating unknown or unidentified traffic, would I still have the right to intercept these transmissions? Firewalls and Intrusion Detection Systems will intercept transmissions and evaluate them, would I still have the right to deploy these tools?
Article 3 - Illegal Interception
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law when committed intentionally the interception without right, made by technical means, of non-public (7) transmissions of computer data to, from or within a computer system, as well as electromagnetic emissions from a computer system carrying such computer data.
(7) The Drafting Group agreed, at its 9th meeting (January 2000) on the principle that the terms "non-public" relate to the transmission (communication) process and not necessarily to the data transmitted. It agreed to keep the term in the text temporarily and to try to find some alternative language.