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Re: Draft Convention on Cybercrime
From: David Ford <david () kalifornia com>
Date: Fri, 02 Jun 2000 13:47:50 -0700

For reference:


Article 6 - Illegal Devices

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 and without right:

     a.the production, sale, procurement for use, import, distribution or otherwise making available of:

     1.a device, including a computer program, designed or adapted [specifically] [primarily] [particularly] for
        the purpose of committing any of the offences established in accordance with Article 2 &ndash; 5;
     2.a computer password, access code, or similar data by which the whole or any part of a computer system is
        capable of being accessed

        with intent that it be used for the purpose of committing the offences established in Articles 2 - 5;

     a.the possession of an item referred to in paragraphs (a)(1) and (2) above, with intent that it be used for
        the purpose of committing the offenses established in Articles 2 &ndash; 5. A party may require by law that
        a number of such items be possessed before criminal liability attaches.


I don't think that the creation of nmap fits into either section 1 or 2.  The possession of nmap for the purpose of 
committing a crime certainly does however.  This is much the same as making a wreckingball crane.  That isn't a crime.  
Using that wreckingball crane on your neighbor's house
without his approval on the otherhand...

Do note the statement of article 6.  "...when committed intentionally and without right:"

-d


Matt Marnell wrote:

Fyodor, nmap enthusiasts-

I was just wondering how you guys feel about the Draft Convention on Cybercrime being circulated throughout roughly 
40 countries for approval (including the US)?  In it, certain "Illegal Devices" are banned entirely, the definition 
of which encompasses utilities such as nmap (Article 6).

you can check out the first revision of the treaty here:
http://conventions.coe.int/treaty/en/projets/cybercrime.htm

Matt

--
"The difference between 'involvement' and 'commitment' is like an
eggs-and-ham breakfast: the chicken was 'involved' - the pig was
'committed'."





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