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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