Issues
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Communications Surveillance In 2004, the General Assembly of the OAS endorsed the 'Adoption of Comprehensive Inter-American Strategy to Combat Threats to Cyber-Security: A multi-dimensional approach to creating a culture of cybersecurity'. This multi-disciplinary approach collated three OAS bodies involved respectively in telecommunications, anti-terrorism and juridical matters. As a result, what can broadly be described as a three pronged approach entails the establishment of an 'alert, watch and warning' network, integration between technology based cyber-security solutions and international standards and information sharing and finally, equipping law enforcement and judicial authorities with the necessary tools to combat cybercrime. Although some inferences may be drawn from the outlined approach, the substance is not expanded upon. It is likely that conformity to international standards will entail incorporation of the European Cybercrime Convention, which markedly raises the obligations on service providers. This assumption is additionally confirmed by the U.S. in a statement given in relation to its National Strategy to Secure Cyberspace, presented to the OAS members in 2002, which envisaged the way forward as ratification of the EU Cybercrime Treaty. Identity Documents The push for individual identity documents has been approached from two angles. Primarily, within the ambit of border control measures, the Inter-American Committee against Terrorism and the Convention against Terrorism call for improved quality national identification and travel documents to meet existent and emerging international security standards, specifically adherence to the ICAO standards. Little is said regarding the use of biometrics in identity documents other than surfacing requirements for biometrics may "require targeted technical assistance projects", although as mentioned within the CICTE section, it is highly likely that the sharing of biometrics has also been discussed. Migration and Border Controls and Travel Surveillance Border control measures surface within the scope of the Inter-American Committee against Terrorism (CICTE) and are discussed in the Committee's work plan for 2005. The Committee envisages the establishment of early warning and intelligence sharing systems to monitor movements of terrorism, improved vigilance and entry points and establishment of a linked migration database system to help improve border security. Additionally in 2004, the OAS held a Symposium on Border Management in Canada, which involved several demonstrations and presentations concerning emerging and existing surveillance techniques including the 'Smart Border Action Plan', advance passenger information and passenger name records and private sector involvement in the development and supply of these technologies. It was also stressed that the role of the public in surveillance should not be overlooked as they are the eyes and ears of the authorities. . The Symposium is covered in more detail in "Other Events". Security Cooperation/Legal Assistance Legal cooperation is a common theme throughout the various committees and councils of the OAS. A primary reference point is the Inter-American Convention on Mutual Legal Assistance, which entered into force in 1996. The Convention is potentially very far-reaching in its scope, for example, Article 7, in describing what constitutes mutual legal assistance, refers to any procedure agreed between the two parties. The Inter-American Convention against Terrorism again mandates for law enforcement authorities to establish and enhance channels of communication in order to 'facilitate the secure and rapid exchange of information' and for greater mutual legal assistance. The political offence exception to extradition and information requests, whilst upheld in the Convention on Mutual Legal Assistance, has now been dis-applied by the later Convention against Terrorism at the apparent request of the U.S.A. The General Assembly consistently presses for information exchange. Specifically, the resolutions on Transparency and Confidence and Security Building in the Americas advocate for heightened information exchange and introduce the Organisation of American States Information Network (OASIS), which once operational will facilitate the instantaneous exchange of information on security matters. In the same resolutions, 'information exchange' between the OAS and other IGOs, such as the UN or OSCE is discussed in favourable terms. Once again though there is little that is said regarding the exact content of this information. Further Resolutions on Hemispheric Cooperation to Prevent, Combat and Eliminate Terrorism reiterate the desire to further enhance information exchange. The Inter-American Committee against Terrorism highlights as one of its objectives the promote information sharing, mutual legal assistance and simplification of extradition proceedings and such encouragement is enshrined in the Committee's own resolutions. The Declaration of Montevideo in 2004 calls for the 'broadest and swiftest' mutual legal assistance. In addition, there is a working group on Legislation against Terrorism operating under the umbrella of the CICTE. Financial Surveillance The Inter-American Convention against Terrorism mandates for a regulatory or supervisory system for financial institutions or any other entities deemed susceptible to being used for terrorist financing. It calls for the establishment of suspicious transaction reporting and record keeping across the member states. In addition, it requires the establishment of Financial Intelligence Units in each member state and increased information sharing in this area. The Inter-American Committee against Terrorism (CICTE) frequently advocates for tighter and more effectively applied financial surveillance regulations. This is illustrated by the latest 2005 work plan of the Committee which calls for mandatory control systems for financial and non-financial institutions, increased information sharing between the public and the private sector and also between the private sector and administrative entities. |