Brussels, 30/01/2001 (Agence Europe) - On Tuesday the European Commission adopted a Communication on cybercrime, in which it proposes to harmonise certain rules and to organise a better consultation at the European level, with the double objective of improving the enforcement of law on electronic communications and ensure security in transactions on the Internet. After having outlined a wide rang of stakes in the fight against cybercrime and the answers given at the national and European level, the Communication indicates a certain number of paths for thought and puts forward legislative proposals.
In this communication, which is part of both the eEurope action plan and the framework of the fight against organised crime, the Commission is proposing to "align legislation", starting with a few aspects of the fight against cybercrime. The Commission efforts should firstly cover the infringement relating to pedopornography, and over the aligning of the penal law systems concerning infringements such as pirating and denial of service attacks. The Commission will also "examine the possibilities" to fight against racism and xenophobia on the Internet thanks to a framework decision that applies to its activities off-line and on-line. The Commission will also study legislative proposals concerning the interception of communications by legal authorities, and on the possibility of imposing on service providers the requirement to store, for a given period, data relating to traffic on the Internet for investigations.
Also regarding the criminal side, the Commission considers a mechanism should be created whereby, in cases of crossborder criminal proceedings, the States may rapidly and effectively investigate into infringements and collect evidence. Different international bodies are developing such instruments but the Commission considers it is necessary to go further than the Council of Europe's project and is to examine the possibility of making a legislative proposal for mutual recognition of orders connected to inquiries into cybercrime.
The Commission also plans to create a European Forum on Cybercrime. The Forum, which will bring together judiciary and police authorities, service providers, network operators, consumer associations and authorities entrusted with data protection, should "intensify cooperation" and promote best practices. It will be consulted by the Commission on its various projects.
The Commission considers that it is also necessary to: 1) establish a regulatory framework to encourage research into crime prevention; 2) make the public more aware of the risks entailed; 3) intensify international cooperation; 4) have the necessary prosecuting staff available; and 5) encourage enterprise participation in this fight, mainly by a multidisciplinary protocol of agreement …
The communication may also be consulted on the Commission's website: http: //europa.eu.int/ ISPO/eif/InternetPoliciesSite/Crime/crime1.html. The European Commission has an e-mail address for this (info-jai-cybercrime-comments@cec.eu.int) and a public hearing coming up on 7 March.