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Attorney-General, Robert McClelland, and Minister for Foreign Affairs, Stephen Smith, today announced Australia's intention to accede to the Council of Europe Convention on Cybercrime.

The Convention, which entered into force in July 2004, is the only binding international treaty on cybercrime. It serves as both a guide for nations developing comprehensive national legislation on cybercrime and as a framework for international co-operation between signatory countries.

Cybercrime poses a significant challenge for our law enforcement and criminal justice system. The Internet makes it easy for criminals to operate from abroad, especially from those countries where regulations and enforcement arrangements are weak.

It is critical that laws designed to combat cybercrime are harmonised, or at least compatible to allow for cooperation internationally.

The Convention promotes a coordinated approach to cybercrime by requiring countries to criminalise four types of offences, including:

1. offences against the confidentiality, integrity and availability of computer data and systems, including illegal access to computer systems, illegal interception, data interference, systems interference and the misuse of devices;
2. computer-related offences, including forgery and fraud;
3. content-related offences, including child pornography; and
4. offences related to the infringement of copyright and other related rights.

It also establishes procedures to make investigations more efficient and provides systems to facilitate international co-operation, including:

• helping authorities from one country to collect data in another country;
• empowering authorities to request the disclosure of specific computer data;
• allowing authorities to collect or record traffic data in real-time;
• establishing a 24/7 network to provide immediate help to investigators; and
• facilitating extradition and the exchange of information.

To date, over 40 nations have either signed or become a party to the Convention, including the United States, Canada, Japan and South Africa. Over 100 nations are also using the Convention as the basis to strengthen their legislation to combat the threat of cybercrime.

Media inquiries

• Minister's Office: (02) 6277 7500
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