African states urged to ratify Budapest Cybercrime Convention

10.10.2011

Seger says that it is also important for international corporations, especially US industry players to be seen operating in countries with clear legal frameworks in order to receive support from Congress. He points to Yahoo and Microsoft as such examples. "Microsoft and Google have interest in clear legal basis and on that , they are able to provide information based on that basis, " he says.

Dual criminality is however needed for countries to exchange cybercrime information. "What is defined as a crime in one country has to be a crime in another country," explains Seger. Examples include Wikileaks and pornography which are considered crimes in some states and none in others. All countries that ratify the convention are mandated to implement Articles 2 through 10 in their laws. The convention has 48 articles.

Countries can also reject requests for cooperation, though this will have no basis and will attract deliberation by members. Being members of the treaty also enhances trust between signatories. Seger was however on the defence of accusations that some members had not responded to requests for information. He says that the United States authority was unable to act on several request due to incomplete information, such as requests that covered a wide range of dates.

On 1 March 2006 an additional protocol on Xenophobia and Racism was added to the Budapest Convention. The protocol requires countries that have ratified the protocol are also required to criminalise dissemination of xenophobic and racist material through computer systems, including threats and insults.