What Budapest Convention on Cybercrime 2001 - International Cybercrime Cooperation Treaty (ETS No. 185) requires
The Convention on Cybercrime (ETS No. 185, Budapest, 23 November 2001) is the first and primary international treaty harmonising cybercrime laws and enabling cross-border cooperation in cybercrime investigations. It entered into force 1 July 2004 and has 68 States party as of 2024, including the US (ratified 2006), Japan, Australia, Canada, Israel, and all EU member states. Chapter II Title 1 (Arts 2-10) defines substantive offences: illegal access (Art 2), illegal interception (Art 3), data interference (Art 4), system interference (Art 5), misuse of devices (Art 6), computer-related forgery (Art 7), computer-related fraud (Art 8), child sexual abuse material (Art 9), copyright offences (Art 10). Chapter II Title 2 (Arts 16-21) establishes procedural powers: expedited preservation of stored data (Art 16, 24-hour response expected), production orders (Art 18), search and seizure (Art 19), real-time collection of traffic data (Art 20), and interception of content data (Art 21). Chapter III (Arts 23-35) governs mutual legal assistance (MLA) including expedited preservation requests (Art 29, 20-day initial window + 40-day extension) and the 24/7 Network (Art 35) for real-time operational assistance. The Second Additional Protocol (CETS 224, 2022) enables direct cooperation with foreign service providers and enhanced joint investigations.
Pillar: Cybersecurity · Authority: Council of Europe - Committee of Ministers, Depositary · Version: 1.0.1 · Last updated:
Primary source: https://rm.coe.int/1680081561
SHA-256 integrity: 97434a87ab2604eebb55df83b608edd7c635656204e5cd6f4ec26a348c707f7c
Primary Citations — 7 traced to source
- {"title":"Convention on Cybercrime (ETS No. 185) - Budapest, 23 November 2001","url":"https://rm.coe.int/1680081561","reference":"Council of Europe Treaty Series No. 185; signed Budapest 23 November 2001; entered into force 1 July 2004; 68 States party as of 2024; Articles 2-10 (substantive offences), 16-21 (procedural powers), 23-35 (international cooperation including Art 35 24/7 Network)"}
- {"title":"Second Additional Protocol to the Convention on Cybercrime on Enhanced Cooperation and Disclosure of Electronic Evidence (CETS No. 224)","url":"https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/224","reference":"Council of Europe Treaty Series No. 224; adopted 12 May 2022; entered into force 1 September 2024; Art 6 (subscriber information from foreign providers), Art 7 (emergency disclosure), Art 9 (joint investigation teams), Art 10 (video hearings); 14 ratifications as of 2024"}
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