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Home arrow newsitems arrow CoE between Dark+Light: CyberCrime Director Seger to EuroFora: Capacity Building+ Victims'Protection

CoE between Dark+Light: CyberCrime Director Seger to EuroFora: Capacity Building+ Victims'Protection

Written by ACM
Friday, 19 June 2015
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*Strasbourg/CoE/Angelo Marcopolo/- Recent Events allow PanEuropean CoE's activities against fast-Growing "CyberCrime" to get out of the Dark Shadows and Discretion necessary to competent Security Services, and advance towards a Bright Light of Human Rights, Democracy and Rule of Law's protection against both State and Non-State Attacks which may come from anywhere accross the World-wide Web.


But, both its Structure and the current Trends to use more and more "Clouds" for Data Storage, which can be located anywhere at he Web, are parts of the Problems that Criminal Justice Investigations face Today, in addition to a latest "Confusion" in the Public between targetted and monitored Enquiries by a Judge, according to a Legal procedure and rules with at least some elementary Guarantees, and the quite uncontrolled "Mass Surveillance" denounced by American Whistle-Blower Snowden, which is another Story...


Moreover, until now, the currently available International Legal tools being practicaly limited to CoE's "Budapest" Convention on CyberCrime, open to all Countries in the World, but still not accepted yet by several Big and other Global Players, such as Russia, China, India, etc, - even  Canada, South Africa and Mexico, etc., among Countries which had participated at its elaboration, but haven't yet signed nor ratified that Important Treaty which is now in Force in 46 Countries, including France, Germany, the UK, Italy, Ukraine  and the US as well as Australia, etc., to which was added this Year also Turkey, and this Month Poland.


- However, a modern "Cloud" may have stored its Data to various Computers and Networks at any Countries whatever throughout all Europe and the World, f.ex. "in Sweden", which is one of the Rare European Countries not to have yet Ratified the Budapest Convention, (and/or Greece or Monaco, etc), observed CoE's Director on CyberCrime, Alexander Senger, speaking in a Press Conference at the Conclusion of a 3-Days long International Conference organized by the CoE, which brought together a great Number of Officials, Experts Businesses, etc., from all over the World, (including several African Countries, etc), precisely, on the actuality of Global Cooperation against CyberCrime, (in the framework of the "Octopus" program), Highlighting this year particularly the specific issue of "Challenges" for "Criminal Justice's Access to Data in the Cloud", from 17 to 19 June 2015 in Strasbourg, which was opened by CoE's Secretary General Thorbjorn Jagland and officialy closed by CoE's Deputy Secretary General Gabrielle Battaini-Dragoni, earlier Today.

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 - "EuroFora" asked the Experienced CoE's long-time Director on CyberCrime, (who comes from Austria, where he had worked also with the UNO in the Past), inter alia, also how that obviously Global Internet Landscape might be guided by at least some elementary Common Principles on protecting People, Businesses and even States from Cyber-Crime Attacks, given also the notorious Reluctance f.ex. of Russia and Other Countries, especially as far as it concerns Budapest Convention's controversial Articles on "Trans-Border Data" : Until recently, one of the "Hottest" issues inside CoE, (apparently more "Explosive" even than Warfare, if one judged by the Exceptional Total Secrecy which used to govern almost any meeting dealing with that too delicate matter)...  Snowden's revelations had, naturaly, stirred earlier at least some among those Concerns, but, more recently, ISIL's and other Extremist Islamic Terrorism of atrocious BeHeaders and several Deadly Attacks even against defenseless, innocent Civilian People inside Europe itself, added to the well known, Dangerous phenomenon of "Foreign Fighters", Jihadists, etc, had now brought back some more "Balanced" points of view on such Multifacet matters, as also German Chancelor Angie Merkel has observed, partly rectifying in 2015 some of her earlier 2013 statements, particularly by acknowledging the need for an International Cooperation against Brutal Terrorism, where Internet plays a role, on the condition, however, that it Respects Partner Countries, Citizens and Enterprises' elementary Human Rights.

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- Seger started, in his Reply to the above-mentioned "EuroFora"s Question, by observing, at First, that there are practically not Other International Legal Instruments helping to really Fight against CyberCrime, at least until Today : UNO is, naturally, Discussing possible Future Treaties, but without having reached a concrete Result up to now, while, some other "Regional" tools haven't yet developed as much as CoE's Budapest Convention did, and still does, to judge not only by further Extrending Ratifications (Comp. Supra), but also by the astonishingly Numerous active Participation at COE's International CyberCrime Conferences by various representatives from Many Countries accross all the Continents of the World.


    >>> But, perhaps one of the most Important, in practice, Key-points, is that almost everybody, even some Countries which might have had, or still have, this or that Objection vis a vis the Traditional state of affairs about the Budapest Conventions, having expressed in the Past some reserves and/or wishes to modify, alleviate and/or upgrade certain particular Legal polints, (Comp. f.ex. Supra and See also partly Infra), nevertheless, have much to Gain and seem more and more Interested, at least at "Capacity Building" on the ways to Fight against CyberCrime, (which is mainly ensured by a CoE's outlet in Bucharest). - "Capacity Building", is, indeed, something concrete and useful, which may interest also Russia and even China, CoE's Director on CyberCrime optimisticaly stressed.


    => All that gives to the Budapest Convention, despite problems, an important "Dynamism" in practice recently, Seger underlined with conviction on this point.


    (+ Meanwhile, CoE has, moreover, adopted, on the above-mentioned Controversial Issue of "TransBorder Access to Data",  a 2012 Report and, particularly, a useful "Guidance Note" on December 2014, including an "Interpretation" of the key "Article 32" of the Budapest Convention, which points at several "Safeguards", as a 1st result of recent, patient attempts by the CoE in Strasbourg to alleviate concerns of some Countries, so that they can eventualy all Work Together in the forseable Future).


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    + However, one of the most Important Innovation of this Year's (2015's) CoE's International Conference on Global Cooperation against CyberCrime was that, "for the First Time, it included also Special Workshops dedicated exclusively to "Victims ... : - Who Cares ?", as noted, provocatively, that event's chosen Heading... Young People, Children, Consumers, Businesses, Media, Politicians, NGOs, even States are included among that Long list of "Victims of CyberCrime" Today, which Need to be efficiently Protected :  - "CyberAttacks against Media can seriously Violate Freedom of Expression", told "EuroFora" the competent CoE's Director, (Comp. also French Minister for Digital Economy, Axelle Lemaire's relevant Statements to "EuroFora" after the recent Attack of "ISIL" Terrorists against TV France 5, etc, as well as the Growing Importance of a High-Tech Market for CyberSecurity Tools : ......), while, among the Victims can be even a Big European Country's National Parliament, f.ex. during an Important Visit of a Political Leader of another Country, Seger observed in this regard, pointing out at an incident which had reportedly occured in Berlin, etc.

Significanty, this CoE's June 2015 International Conference was organized in Strasbourg. shortly after an EU Parliament's Debate and Resolution, adopted in Brussels' Mini-Session at the End of May, on "Cyber-Attacks against Media", the Same Day that UNO's Secretary General, Ban Ki Moon, who is due to visit CoE's Assembly Next Week in Strasbourg, had just spoken there, precisely mainly about the urgent need for the International Community to Fight against extremist Islamic Terrorists as ISIL's atrocious BeHeaders, (Comp., f. ex., also "EuroFora"s NewsReport : ...).


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+ CoE's move came also just a few Days after the latest G7 Summit of Heads of State and Government, chaired this year by Germany, at Elmau Castle earlier This Month, (i.e. on June 7 and 8 : Comp. "EuroFora"s NewsReports from that 2015 "G7" Summit), whose Official collective Conclusions, inter alia, stress, in the Context of a Chapter focused on Fighting Violent and Deadly Islamic Extremists' Terrorism as that of "ISIL"'s atrocious BeHeaders, which expressed G7's "Commitment into Defeating this Terrorist Group and Combatting the Spread of its Hateful Ideology", that "It is a Task for All Nations and Societies to Confront the Conditions conducive to the Spread of Terrorism and Violent Extremism, including the Spread of Hatred and Intolerance, also through the Internet".


    + Moreover, interestingly, Questioned during that G7 Summit in a Press Conference (Comp. : .....), about "CyberSecurity" issues and recent "Massive Attacks on US Personnel Files", (whose Origin had not yet been discovered), US President Barack Obama went well beyond simply Complaining for US "Congress" alleged Delay "on passing (New) CyberSecurity Legislation, that we've being Pushing for" from his Administration, (apparently also because of several Congressmen's concerns aso about Citizens, Businesses and other Independent Organisation's Freedoms and Privacy, etc), starting to dress a Wide overall Picture also of Other Practical Means "to Protect Information", "not just of Government"; "but also, more Importantly, when there's an interface" with "the .. People", as he said :


    - Indeed, Obama pointed, f.ex., at the recent initiation of an Extensive "Process of Inventorying and Upgrading .. Old Systems, to Address existing Vulnerabilities", and "figure out what we can fix with Better Practices and Better Computer Hygiene by Personel", or by "New Systems and New Infrastructures", (i.e. without infringiung at all on any Citizens' Rights). "This is going to be a Big Project, and we're going to have to Keep on doing it", he concluded on this point of Upgrading "Old Systems"...


    - However, this is just a "Part of" a "Problem", which "is not going to go away", but, on the Contrary, "it is going to Accelerate", because "Both State and Non-State Actors are sending everything they've got to Breach these Systems", the US President Warned. Sometimes "it's Non-State Actors who are engaging in Criminal activity and potential Theft", while, in other cases, "State Actors ... are probing for Intelligence (i.e. Spying), or, in some cases, ... to Bring Down Systems, in pursuit of their various Foreign Policy objectives", he explained.


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    In this regard, by the way, "EuroFora" was Astonished, recently, to learn that even a so important PanEuropean Organisation covering 47 Countries and more than 800 Millions of Citizens, from Portugal to Vladivostok, and from Iceland to Cyprus, etc., for manifold "Hot" and Topical Issues going from Foreign Policy up to Human Rights and International Law, etc., didn't have, at its disposal, but only ... 2 (Two) Civil Servants destinated to Protect the Strasbourg's body from any Cyber-Attacks, among the many and various problems that CoE has faced until now !...

    - Most of the incidents concern either attempts to Unveil and Steal a Confidential Information, (f.ex. a Draft Report which still is "Top Secret"), or to launch a kind of Propaganda War, targetting certain sectors. But, perhaps, the greatest Risk are several disguissed attempts to infiltrate CoE's systems almost "silently", until someone or a whole Departmet important for them and, therefore, "targetted", might be lurred to fall in a Trap, allowing the Cyber-Aggressors to strip him from all his Codes, special Access, etc., and/or; sometimes, to even "Steal his Identity" at the Internet, allowin them to lurre, afterwards, also a lot of other potential Victims : - "That's one of the reasons for which we often Train and Advise CoE's staff to be Careful and constantly Vigilent" vis a vis this kind of things; they told "EuroFora" in substance. However, curiously, CoE's Cyber-Guards appeared quite Upbeat and optimist about the PanEuropean Organisation's capacities and chances to escape at least the worst CyberAttacks, until now...


    Let's cross fingers !....

(../..)

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("NDLR" : DraftNews, as already send to "EuroFora"s Subscribers/Donors, earlier. A more accurate, full Final Version, might be Published asap).

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3 EU Parliament votes to boost EuroGroup !

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After EuroZone Paris Summit's succes, Sarkozy calls to "think anew how to re-construct Europe !

"EuroZone and EU Institutional debates pave the way to 2009 discussions on EU Future, including Enlargment, Turkey etc. ?


23 October 2008

After EU Parliament strongly suppported in 3 successive Votes this week in Strasbourg French EU Chairmanship's move to boost Euro-Group at EU's core, while ideas on EU Institutional problems are awaited on December, "it's an open Question now" if this may lead to a debate on EU's Future, or not, told us French President, Nicolas Sarkozy''s Spokesman, Pierre-Jerome Henin.

MEPs voted on Thursday fresh Funds to support EuroGroup, after adopting on Wednesday a Resolution asking a "further Evolution" to "the 1st ever meeting of Heads of State and of Government of the Euro-Zone, taking decisions in that capacity", while earlier this week a Report asked "a stronger Institutional setting" for "EuroGroup", extended from "competitiveness/industry" to "environment, employment and education", with "increased powers for Political decision-making", according to a text drafted by French MEP Francoise Beres and German MEP Werner Langen, "10 Years after the creation of Euro" (1999 - 2009).

- Brussels' subsequent "EU Council ..(simply)..ratified the measures decided by EuroGroup on October 12" in Paris, which "were necessary to contain the current Financial Crisis", Resolution observes, expressing also support to the new process succesfully initiated by Sarkozy and due to be completed by agreements with USA and other countries at a Global level.

From now on, it's between two differend but parallel moves : EU's delay, and EuroZone's acceleration, that Enlargement and particularly Turkey's controversial EU bid, will have to search its way :

Indeed, EU's 27 expect a "Roadmap on how to deal with the Irish problem" on Lisbon Treaty ratification after December, risking to pass even 2009 Elections and next Commission with the old Nice Treaty of 2000, out-dated and unfit even for 2004's Enlargement...

On the contrary, EU's core launches a real "Economic Governance for EuroZone at the highest level of Heads of State/Government" of the 15, which started in Paris on October 12 and was strongly supported this week in Strasbourg by Sarkozy and EU Parliament.
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- "It's a good idea, to launch such a debate ("on EU's Future") in EU Parliament in view of 2009 Euro-Election : Perhaps some MEPs will seize an opportunity", told us mainstream French MEP Alain Lamassoure, former EU Minister and EU Spokesman for France's governing party UMP.

- "All MEPs' debates on such EU Councils are also part of the larger debate on Europe's future : Now with EuroZone, and even more when, on December, Irish Prime Minister is due to table proposals in Strasbourg on how to deal with EU Treaty's ratification", replied earlier to our question EU Parliament's Press Director and Spokesman, Jaume Duch.
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Sarkozy has formally anounced his intention to open EU Debates on Economy, Identity/Enlargement (i.e. mainly Turkey), etc. both linked to a popular Political view of Europe, since his Historic speeches on EU in Strasbourg, on February and July 2007, when he stressed that "Europe needs a New Renaissance". At the beginning of the French EU Presidency, on July 2008, replying to a MEP, he suggested that EU Parliament takes an active part in Debates on EU's Future.

- Now, in 2008, "Crisis are an opportunity to re-think how to re-construct Europe", Sarkozy stressed. At any case, the Historic 1st EuroZone Summit of Heads of State/Government, which started replying to the Financial crisis,"is a Turning Point : After that, Europe cannot be governed as before, but differently" : People "like a Europe with Strong Will".

- "We must make the System move !", "Europe needs Innovation" and free political debates. EU "Elections are in a few Months", Sarkozy warned.

He invited EU Parliament to fully play its role as "the Democratic Heart of the Europe we want : United, Independent and Voluntarist, because the World needs Europe's voice".

- "It's no more possible for Euro-Zone to continue without an Economic Government" at the Highest Level of Heads of State/Government, who provide "Democratic Legitimity" and can take important decisions, he announced, strongly supported by EU Parliament's Economic Committee which just voted to boost the "Institutional" aspects of "EuroGroup".

Plasticity offered by the current absence of a special Treaty on EuroZone's Institutions "made it easy to adapt the organization of the 1st Summit with imagination, to efficiently meet urgent needs", he observed, on the occasion of Brittish Prime Minister's exceptionnal presence at the greatest part of EuroGroup's Paris Summit.

- "In EuroZone we have the same Bank, the same Money, and, thus, a same duty for Unity" : "By bringing together EuroGroup's 15 members States we suceeded to find a solution and prepare a Giant Plan of 1.800 Billion euros", Sarkozy reminded of Paris' 1st Historic EuroZone's Summit.

Afterwards, Brussels' EU Council followed the move, and USA's Paulson II Plan was inspired from that. "Europe must promote the idea of Global Economy's Refoundation", he stressed.

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- "I was frankly astonished when I found, at the EU, a rigid system, where any New Idea was seen from the outset as a sacrilege, while, on the contrary, Europe needs Innovation !", he described.

F.ex. ,"'When we first spoke about the "Union for the Mediterranean", it was misunderstood as something extraordinary.. When later we had the Russia -Georgia crisis, it seemed against EU's custom to act "in the middle of August", instead of staying a passive spectator ! And when, in front of the Financial ciris, we gathered the 1st EuroZone Summit of the "15", some thought of it as a lese-majesté", he denounced.
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On Geo-Political Principles :
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- But, by moving resolutely, "EU obtained the ...withdrawal of Occupation Troops in 2 Months !", reminded Sarkozy, observing that Russia "fulfilled its commitments", in the Georgian crisis, where a "disroportionate reaction" from Moscow followed a "totally inappropriate action" from Tbilisi's troops. "It would be crazy to reply by military means : EU should not become accomplice of another Cold War, imposed by lack of cool heads".. as he said.

In future, "the creation of a common European Economic Area with EU and Russia, would also obtain a raprochment on our Human Rights and Democratic Values", added Sarkozy, in a statement which should logically be applied, a fortiori, to controversial EU "candidate" Turkey..

Particularly when, the same week that EU Parliament voted 2009 EU Funds for Turkey's controversial EU bid, ECHR took a series of judgements condemning Turkey for grave Violations of Human Rights, such as : Torture, death of a political prisoner in unclear circumstances followed by failure to conduct a proper Investigation, "enforced Disappearance" of a youngster aged 17, Killing of a sepherd with Tank Shells, persecuting Journalists for articles on "Missing" People, even a former President of Human Rights' Association, (etc)

- "We (EU) can defend our ideas on respect of Sovereignity and territorial Integrity, on Human Rights and other differences ... without confrontation", Sarkozy stressed, on the occasion of Russian/Georgian conflict, reminding that : "we were only 2 steps from catastroph", when a Peace agreement brokered in Moscow prevented, at the last minute, Russian troops' advance towards Tbilisi.

An EU Parliament Resolution adopted Wednesday in Strasbourg on the occasion of Russia - Georgia conflict, outlines a set of Principle which apply elsewhere too, (particularly when EU Rapporteur for Russia and Turkey is one and same person ; Dutch MEP Ria Oomen-Ruijtanen !)

Clearly rejecting any "military solution to the conflicts", MEPs "condemn ..all those who resorted to force and violence". They denounce a "disproportionate military action", "as well as (an) unilateral decision to recognise the independence" of brekaway regions, "calling.. to respect the sovereignty and territorial integrity" of the concerned country, "and the inviolability of its borders recognised by all EU Member States". They warn that "EU must review its policy towards" a 3rd Country, "should .(it)...not comply with its commitments", and "stress that the withdrawal of.... troops from the areas ....is an essential additional step".

EU Parliament "calls for the safe and quick return of refugees, (accepted by Russian President Medvedev) accompanied by the deployment of EU observers on the ground", and "regrets ...that ..EU Monitoring Mission (EUMM) is not allowed to enter the ...breakaway regions". Moreover, "It's important to ensure that persons and NGOs ..engaged in defending human and civil rights can operate". "Until ...all remaining issues (are) resolved..., and notably the continuing ...Military presence", "relations with the EU ..cannot be fully normalised", MEPS warned.

As nobody likes to be accused to practice "Double Standards", this should be regarded as "Principles" applicable to any Third Country at EU's Neighborhood.. No ?

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On Economy :

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- "When Financial crisis shook US and EU's Banks, without result from the 1st (American) Paulsen plan, it was the common reply of the 1st EuroZone's Summit, involving some 1800 Billion euros, which started a positive move in the markets, soon strengthened by the follow-up of the US Paulson 2 Plan, noted Sarkozy.

- "Europe should not be only on the defensive, but, if necessary, know also how to take an offensive", he said, brushing away hesitationsto act on Economy: - "I'm for a refondation of Capitaliism, but against Speculators, who betray its values" : "Lack of Rules was profitable to speculators, Not to businessmen !" We must make sure to prevent any such crisis in future". "We, the rest of the World, cannot continue to bear the deficits of the 1st World power without saying anything !", the French President said, applauded by EU Parliament. All this needs "a New Global Governance", on which EU Parliament must debate. That's why "we proposed together with USA, several Summits from mid-November", to which G-8, enlarged to China, India a.o. countries, should participate. UNO's SG; Ban Ki Moon, the IMF, etc.

Financial crisis lowered shares' prices even for healthy companies, sometimes to 1/3 of their initial price, so that strangers might buy EU industries for only a portion of their real value, and Europeans may wake up one day with their main industries sold out to foreigners !

That's one of the reasons for which EU should debate about creating "Golden Shares" for States to jointly take Strategic participations to help European Industries until the end of the Crisis, particularly against distording competition, he suggested, pointing at USA's 35 billion $ plan for American Car Industry."We shall struggle for Europe to be able to build Airplanes, Ships, Trains, Cars, because we need a strong Industry", he concluded.

"F.ex. as we did back in 2004, when as Finance Minister, we bought Alsthom's shares for 800.000 euros, and, after restructuring, we sold them for 2 Millions : Help a company and make money is not so bad"...

As for the UK, "when Ireland announced that it would guarantee only Irish Banks, London City emptied from liquidities in 24 hours : It's the EU which helped to restore the situation, Not the UK alone !", reminded Sarkozy to nationalist British MEP Nigel Farage.

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On the contrary, in a last-minute attempt for the EU to catch-up with its Institutional delay "before the European Elections" of June 2009, MEPs simply voted a call for a "set of proposals" to be made for the "Irish public opinion" at the end of the year...

- "As long as Lisbon Treaty is not ratified by all 27 EU Member States, there is an unanimous decision to stop Enlargement, reminded Wednesday in Strasbourg the French Minister for EU affairs, Jean-Pierre Jouyet..

Added to an indirect but clear warning that, without Lisbon Treaty, all 27 EU Member Countries may not have a Commissioner in the 2009 resuffle, MEPS in the Constitutional/Foreign affairs Committees applauded hoping that this might motivate their Irish friends..

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