55. Cybercrime Knows No Borders, InfoSecurity Magazine, (19 May 2011), at http://www.infosecurity-magazine.com/ magazine-features/cybercrime-knows-noborders/. 56. WDR, supra § 1 A, note 10, at 222. While such actions “blur[ ] the lines between acts of cybercrime and cyberwar or cyberterrorism,” it is nonetheless the responsibility of the government to assure public safety and security in cyberspace. Ibid. at 223. 57. The first free, widely used end-to-end encrypted messaging software was PGP (“Pretty Good Privacy”), coded by Phil Zimmermann and released in 1991. Andy Greenberg, “Hacker Lexicon: What Is End-to-End Encryption?,” Wired, (25 Nov. 2014), at https://www.wired.com/2014/11/ hacker-lexicon-end-to-end-encryption/. 58. Greenberg, ibid. 59. Ibid. 60. Information theory can be used to render a cryptosystem information-theoretically secure, and therefore cryptanalytically unbreakable, even when the adversary has unlimited computing power. Ueli Maurer, “Information-Theoretically Secure Secret-Key Agreement by NOT Authenticated Public Discussion,” in: EUROCRYPT’97 Proceedings of the 16th annual international conference on Theory and application of cryptographic techniques, (1997), pp. 209–25, at ftp:// ftp.inf.ethz.ch/pub/crypto/publications/ Maurer97.pdf. 61. Greenberg, supra note 57. 62. PFS-perfect forward secrecy is a technique used, for instance, by TextSecure, an SMS application for Android, and the software integrated by WhatsApp into its messaging services. See, e.g., Dan Goodin, “WhatsApp Brings Strong Endto-end Frypto to the Masses,” Quora, (18 Nov. 2014), at https://www.quora.com/ How-secure-is-WhatsApps-new-end-toend-encryption. 63. For a discussion of the mathematics behind cracking computer cyphers, see, e.g., “The Math Behind Estimations to Break a 2048-bit Certificate,” DigiCert, at https://www.digicert.com/TimeTravel/ math.htm. 64. “256-bit AES key” means that every 256-bit number is a valid key or modulus. Having superseded DES (Data Encryption Standard), AES (Advanced Encryption Standard) is a symmetric encryption algorithm (specifically, a block cypher) in use worldwide, which is defined over keys of 128, 192 and 256 bits. Symmetric algorithms are designed to be as simple and quick as possible (for cryptography), and retain a high level of security. See, e.g., “Why Do You Need a 4096-bit DSA Key When AES Is Only 256-Bits?,” Information Security Stack Exchange, at http://security.stackexchange.com/ questions/59190/why-do-you-need-a4096-bit-dsa-key-when-aes-is-only-256bits; “What Does ‘Key with Length of X Bits’ Mean?,” Information Security Stack Exchange, at http://security. stackexchange.com/questions/8912/whatdoes-key-with-length-of-x-bits-mean. 65. “Why Do You Need a 4096-bit DSA Key When AES Is Only 256-Bits?,” ibid. 66. Mary-Ann Russon, “Quantum Cryptography Breakthrough: ‘Unbreakable Security’ Possible Using Pulse Laser Seeding,” International Business Times, (7 Apr. 2016), at http://www.ibtimes.co.uk/quantumcryptography-breakthrough-unbreakablesecurity-possible-using-pulse-laserseeding-1553721. China has made particular advances in the development of such technology; for the implications of implications of such advances, see Andreas Illmer, “China Set to Launch an ‘Unhackable’ Internet Communication,” BBC News, (25 July 2017), at http://www. bbc.com/news/world-asia-40565722. 67. Greenberg, supra note 57. 68. See also Nandagopal Rajan, “WhatsApp Is Not Breaking Indian Laws with 256-Bit Encryption, for Now,” Indian Express, (12 Apr. 2016), at http://indianexpress.com/ article/technology/social/whatsapp-endto-end-encryption-not-illegal-in-india/. 69. Russon, supra note 66. 70. Brendan J. Sweeney, Global Competition: Searching for a Rational Basis for Global Competition Rules, Sydney Law Review, Vol. 30 (2008), p. 209. 71. Budapest Convention, supra § 1 B, note 32. 72. EU Council Framework Decision 2005/222/JHA (24 Feb. 2005) on Attacks against Information Systems, at http:// eur-lex.europa.eu/legal-content/EN/ ALL/?uri=CELEX:32005F0222. Page 60 | Chapter 1 | End Notes 73. EU Council Framework Decision 2004/68/ JHA (22 Dec. 2003) on combating the sexual exploitation of children and child pornography. The Framework Decision was replaced by Directive 2011/93/ EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography. See OJ 2011 L 335 (17 Dec. 2011), pp. 1–17. 74. Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC [2006] OJ L105/54 (“Data Retention Directive”). 75. European Commission v. Hungary, [hereafter, “Commission v. Hungary”], Case number C-286/12, [CJEU] (8 Apr. 2014), at http://curia.europa.eu/juris/ documents.jsf?num=C-293/12; EUR-Lex, Official Journal of the European Union, (8 Apr. 2014). 76. Richard W. Downing, “Shoring Up the Weakest Link: What Lawmakers Around the World Need to Consider in Developing Comprehensive Laws to Combat Cybercrime,” Columbia Journal of Transnational Law, Vol. 43 (2005), p. 705; Erin I. Kunze, “Sex Trafficking Via the Internet: How International Agreements Address the Problem and Fail to Go Far Enough,” Journal on Telecommunications & High Technology Law, Vol. 10 (2010), p. 241; Miriam F. Miquelon-Weismann, “The Convention on Cybercrime: A Harmonized Implementation of International Penal Law: What Prospects for Procedural Due Process,” John Marshall Journal Computer & Informational Law, Vol. 23 (2005), p. 329; Deborah Griffith Keeling & Michael M. Losavio, “A Comparative Review of Cybercrime Law and Digital Forensics in Russia, the United States and under the Convention on Cybercrime of the Council of Europe,” Northern Kentucky University Law Review, Vol. 39 (2012), p. 267. 77. Viano, supra § 1 B, note 39, at 342–44. 78. Ibid., at 347–53. 79. Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, CoE, (25 Oct. 2007) CETS No. 201 [hereafter, “Lanzarote Convention”], at http://conventions. coe.int/Treaty/Commun/ChercheSig. asp?NT=201&CM=&DF=&CL=ENG. Table of Contents