'Shunned' industry scuppers European cybercrime treaty

The Council of Europe, the organisation behind the treaty, is expected to bow down to this pressure as early as next week.

Opposition to the Convention on Cybercrime, which is now in its 25th draft, has been growing steadily over the last few months. Industry and civil rights groups were not allowed to participate until the 19th draft, and even then only after strong lobbying.

The US State Department and the Department of Justice were both involved in its drafting, meaning any Council of Europe legislation would be a template for a global treaty.

This prompted US-based companies to get involved. Much of the concern has revolved around what the World Information Technology and Services Alliance described as "burdensome data preservation requirements on ISPs".

According to high-level industry sources, the Council of Europe's decision to concede to these concerns was due to the threat of a complete breakdown of relations between the lawmakers and the industry.

Other sources contacted by silicon.com indicated that attempts to force the treaty through in its present form would have resulted in vigorous lobbying of parliaments at national level across Europe, and possible legal action.

Jeff Pryce, of respected Washington law firm Steptoe and Johnson, which has been actively engaged in criticising the European legislation, said: "The problem is that [the treaty] has been law enforcement led. The premise has been inappropriate as far as scope and transparency are concerned. It would have really benefited from a more open process."

Many critics of the treaty have been more candid in private, pointing to a technological ignorance which borders on Luddism among legislators - a problem Pryce feels could have been avoided by bringing industry in at the outset.

He said: "The internet started out as an open, free space for innovation and the industry should be allowed to use innovation to counter problems that have developed due to the internet."

The industry has long lobbied to be consulted at greater length over IT-related legislation. Any concessions made by the Council will be interpreted as an admission of the need to evolve new methods of dealing with the issues raised by high-tech crime.