FOR IMMEDIATE RELEASE:
Contact: Media@dcaclu.org
WASHINGTON - The American Civil Liberties Union today expressed its
disappointment with the Senate’s ratification of the "Council of Europe
Cybercrime Convention," or Cybercrime Treaty. That international agreement was
signed by President Bush in late 2003 and now requires the American government
to enforce foreign laws that may violate the rights and liberties of
Americans.
"By ratifying this treaty, the Senate has undermined the core constitutional
rights of Americans," said Caroline Fredrickson, Director of the ACLU Washington
Legislative Office. "The provisions of the treaty will allow the government to
enforce laws that violate what we stand for as a nation, laws that guarantee our
right to free speech and free elections and rights that we urge other countries
to embrace."
The treaty requires signatories to have specific criminal laws in place and
demands "mutual legal assistance" - in other words, a foreign country that is
also a signatory to the treaty can demand that the United States assist it in
investigating and prosecuting someone in this country. The treaty does not
require that the activity in question be a crime in both nations, meaning the
American government could now be required to assist countries whose laws and
procedures differ sharply with the American understanding of justice.
Even laws in other countries respectful of civil rights could pose problems
if they were enforced in America. For example, France and Germany have laws
prohibiting discussion of Nazi philosophy, an activity protected here under the
First Amendment. Under the treaty, these countries could demand assistance from
the United States to investigate and prosecute individuals for speech that is
constitutionally protected in this country.
Other signatories to the treaty include emerging democracies such as Ukraine
and Bulgaria. While President Bush had signed the treaty in 2003, he waited two
years before sending it to the Senate for ratification.
"The stark reality is that now the American government will be able to
conduct surveillance on an individual who hasn’t broken any American law to help
enforce the law of a country without the same protections and respect for the
freedoms we cherish," said Marv Johnson, an ACLU Legislative Counsel. "We urge
Congress to conduct vigorous oversight as this treaty is enforced.
