Put simply, police could trace hackers as they hop from server to server, thus tracing them back to their home base, where, laws permitting, they can be prosecuted. The DOJ backed this agreement from the beginning, thinking it would solve jurisdictional problems that hamper investigations today. The problem is, the treaty is inviting countries to do things that are very difficult to do without creating an electronic police state. Getting it right has taken more than a decade here, and the controversy over online liberties still isn't resolved. The ACLU, Privacy International and the Center for Democracy and Technology, of course.
Critics say the risks of going forward now are legion.
The proposed treaty's wide-open wording could require Internet service providers, Website operators and others to monitor their systems for illegal activities. Those same groups are specifically exempt from such requirements by US law. The proposal could also require companies to record everything people do on their networks, just in case the police want to check later. It could criminalize minor copyright infringements of all types, thereby making criminals of people who use the Internet for school work, company presentations and the like. The treaty could also unfairly target computer users by requiring signers to adopt separate laws for fraud and forgery committed with a PC vs. fraud carried out in the physical world.