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IP Treaties Collection

Contracting Parties Convention on Cybercrime United States of America

Dates Signature: November 23, 2001 Ratification: September 29, 2006 Entry into force: January 1, 2007

Declarations, Reservations

Declarations made upon ratification:
1. "The United States of America declares, pursuant to Articles 2 and 40, that under United States law, the offenses set forth in Article 2 ("Illegal access") includes an additional requirement of intent to obtain computer data."
2. "The United States of America declares, pursuant to Articles 6 and 40, that under United States law, the offense set forth in paragraph (1)(b) of Article 6 ("Misuse of devices") includes a requirement that a minimum number of items be possessed. The minimum number shall be the same as that provided for by applicable United States federal law."
3. "The United States of America declares, pursuant to Articles 7 and 40, that under United States law, the offense set forth in Article 7 ("Computer-related forgery") includes a requirement of intent to defraud."
4. "The United States of America declares, pursuant to Articles 27 and 40, that requests made to the United States under paragraph 9(e) of Article 27 ("Procedures pertaining to mutual assistance requests in the absence of applicable international agreements") are to be addressed to its central authority for mutual assistance."
5. "Pursuant to Article 24, paragraph 7, of the Convention, the United States of America is not designating an authority responsible for extradition or provisional arrest in the absence of a treaty, as the United States will continue to rely on bilateral extradition treaties, and the authority responsible for making or receiving extradition requests on behalf of the United States is set forth in the applicable bilateral extradition treaties."
6. "Pursuant to Article 27, paragraph 2, of the Convention, the Office of International Affairs, United States Department of Justice, Criminal Division, Washington, D.C., 20530, is designated as the central authority of the United States of America for mutual assistance under the Convention."
7. "Pursuant to Article 35, paragraph 1, of the Convention, the Computer Crime and Intellectual Property Section, United States Department of Justice, Criminal Division, Washington, D.C., 20530, is designated as the point of contact available on a twenty-four hour, seven-day-a-week basis to ensure the provision of immediate assistance under the Convention. Contact Information for the Computer Crime and Intellectual Property Section is given below:
24/7 Contact: United States of America
Contact: Computer Crime and Intellectual Property Section (CCIPS), U.S. Department of Justice, Washington, DC.
Description of Contact: CCIPS is a section of the Criminal Division of the U.S. Department of Justice that has 40 lawyers with responsibilities for combating cybercrime and theft of intellectual property, and with expertise in obtaining electronic evidence."

Reservations made upon ratification:
1. "The United States of America, pursuant to Articles 4 and 42 of the Convention, reserves the right to require that the conduct result in serious harm, which shall be determined in accordance with applicable United States federal law."
2. "The United States of America, pursuant to Articles 6 and 42 of the Convention, reserves the right not to apply paragraphs (1)(a)(i) and (1)(b) of Article 6 ("Misuses of devices") with respect to devices designed or adapted primarily for the purpose of committing the offenses established in Article 4 ("Data interference") and Article 5 ("System interference")."
3. "The United States of America, pursuant to Articles 9 and 42 of the Convention, reserves the right to apply paragraphs (2)(b) and (c) of Article 9 only to the extent consistent with the Constitution of the United States as interpreted by the United States and as provided for under its federal law, which includes, for example, crimes of distribution of material considered to be obscene under applicable United States standards."
4. "The United States of America, pursuant to Articles 10 and 42 of the Convention, reserves the right to impose other effective remedies in lieu of criminal liability under paragraphs 1 and 2 of Article 10 ("Offenses related to infringement of copyright and related rights") with respect to infringements of certain rental rights to the extent the criminalisation of such infringements is not required pursuant to the obligations the United States has undertaken under the agreements referenced in paragraphs 1 and 2."
5. "The United States of America, pursuant to Articles 22 and 42 of the Convention, reserves the right not to apply in part paragraphs (1)(b), (c) and (d) of Article 22 ("Jurisdiction"). The United States does not provide for plenary jurisdiction over offenses that are committed outside its territory by its citizen or on board ships flying its flag or aircraft registered under its laws. However, United States law does provide for jurisdiction over a number of offenses to be established under the Convention that are committed abroad by United States nationals in circumstances implicating particular federal interests, as well as over a number of such offenses committed on board United States-flagged ships or aircraft registered under United States law. Accordingly, the United States will implement paragraphs (1)(b), (c) and (d) to the extent provided for under its federal law."
6. "The United States of America, pursuant to Articles 41 and 42 of the Convention, reserves the right to assume obligations under Chapter II of the Convention in a manner consistent with its fundamental principles of federalism."

 


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