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Budapest Convention on Cybercrime


In 2006, the United States Senate ratified the Budapest Convention on Cybercrime. In addition to criminalizing hacking, the Convention also provides a basis for law enforcement authorities to compel internal service providers to monitor an individual's internet activities in realtime. Article 20 states that:

Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to:

a. collect or record through the application of technical means on the territory of that Party, and

b. compel a service provider, within its existing technical capability:

i. to collect or record through the application of technical means on the territory of that Party; or

ii. to co-operate and assist the competent authorities in the collection or recording of,

traffic data, in real-time, associated with specified communications in its territory transmitted by means of a computer system.


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Sean O'Shea has more than 20 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

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