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Convention on Cybercrime

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The Convention on Cybercrime , also known as the Budapest Convention on Cybercrime or the Budapest Convention , is the first international treaty seeking to address Internet and computer crime (cybercrime) harmonizing national laws , improving investigative techniques, and increasing cooperation among nations. It was drawn up by the Council of Europe in Strasbourg , France, with the active participation of the Council of Europe's observer states Canada , Japan , the Philippines , South Africa and the United States .

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97-671: The Convention and its Explanatory Report was adopted by the Committee of Ministers of the Council of Europe at its 109th Session on 8 November 2001. It was opened for signature in Budapest , on 23 November 2001 and it entered into force on 1 July 2004. As of April 2023, 68 states have ratified the convention, while a further two states ( Ireland and South Africa) have signed the convention but not ratified it. Since it entered into force, important countries like India have declined to adopt

194-411: A nonpartisan blanket primary (also known as a "jungle primary" or "top-two primary") is held in which all candidates participate in a single primary regardless of party affiliation and the top two candidates in terms of votes received at the primary election advance to the general election, where the winner is the candidate with the greater number of votes. In Louisiana, the blanket primary is considered

291-578: A Permanent Representative who would be in constant touch with the organisation. All Permanent Representatives reside in Strasbourg . They are usually senior diplomats with ambassadorial rank, occasionally chargés d'affaires . In 1952 the Committee of Ministers decided that each Minister could appoint a Deputy. The Ministers' Deputies have the same decision-making powers as the Ministers. A Deputy

388-477: A UN committee approved the first global treaty on cybercrime despite significant opposition from human rights groups and tech companies. The treaty included provisions to criminalize unauthorized access to information systems, online child exploitation, and the distribution of non-consensual explicit content. However, critics argued that it compromised human rights and press freedom, with concerns over data privacy and expanded definitions of cybercrime. The Convention

485-524: A chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are far less extensive than those of the speaker of the House . The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling on points of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing

582-509: A common legal framework would eliminate jurisdictional hurdles to facilitate the law enforcement of borderless cyber crimes, a complete realization of a common legal framework may not be possible. Transposing Convention provisions into domestic law is difficult especially if it requires the incorporation of substantive expansions that run counter to constitutional principles. For instance, the United States may not be able to criminalize all

679-474: A full-term). The Seventeenth Amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place. The manner by which the Seventeenth Amendment is enacted varies among the states. A 2018 report breaks this down into the following three broad categories (specific procedures vary among the states): In ten states within

776-482: A list of crimes that each signatory state must transpose into their own law. It requires the criminalization of such activities as hacking (including the production, sale, or distribution of hacking tools ) and offenses relating to child pornography, and expands criminal liability for intellectual property violations. It also requires each signatory state to implement certain procedural mechanisms within their laws. For example, law enforcement authorities must be granted

873-407: A majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed as present unless a quorum call explicitly demonstrates otherwise. A senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll and notes which members are present. In practice, senators rarely request quorum calls to establish

970-416: A majority of those entitled to vote. However, at their 519 bis meeting (November 1994) the Ministers' Deputies decided to make their voting procedure more flexible and made a "Gentleman's agreement" not to apply the unanimity rule to recommendations. Recommendations are not binding on member States. Since 1993 the Committee has also adopted recommendations in accordance with its role in the implementation of

1067-418: A method to remove that disqualification: a two-thirds vote of both chambers of Congress. Originally, senators were selected by the state legislatures , not by popular elections . By the early years of the 20th century, the legislatures of as many as 29 states had provided for popular election of senators by referendums. Popular election to the Senate was standardized nationally in 1913 by the ratification of

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1164-597: A minor engaging in sexually explicit conduct" (18 U.S.C. § 2252(B)(b)). The Convention was signed by Canada, Japan, the United States, and South Africa on 23 November 2001, in Budapest. As of August 2024, the non–Council of Europe states that have ratified the treaty are Argentina , Australia , Benin , Brazil , Cabo Verde , Cameroon , Canada, Chile , Colombia , Costa Rica , Cote d'Ivoire , Dominican Republic , Ghana , Grenada , Israel , Japan, Kiribati , Mauritius , Morocco , Nigeria , Panama , Paraguay , Peru ,

1261-575: A more deliberative and prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere. The Senate chamber is located in the north wing of the Capitol Building in Washington, D.C. , the nation's capital. Despite not being a senator, the vice president of

1358-401: A regular or special Senate election. Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years. This was achieved by dividing the senators of the 1st Congress into thirds (called classes ), where the terms of one-third expired after two years, the terms of another third expired after four, and the terms of

1455-556: A representative must be twenty-five. And the former must have been a citizen nine years; as seven years are required for the latter. The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from

1552-423: A result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy. In May 2021, Oklahoma permitted its governor again to appoint a successor who is of the same party as the previous senator for at least the preceding five years when the vacancy arises in an even-numbered year, only after the appointee has taken an oath not to run in either

1649-514: A senator by a two-thirds vote. Fifteen senators have been expelled in the Senate's history: William Blount , for treason, in 1797, and fourteen in 1861 and 1862 for supporting the Confederate secession . Although no senator has been expelled since 1862, many senators have chosen to resign when faced with expulsion proceedings – for example, Bob Packwood in 1995. The Senate has also censured and condemned senators; censure requires only

1746-447: A separate ballot referendum that took effect on the same day, but that conflicted with each other. The effect of the ballot-approved law is to withhold from the governor authority to appoint a senator. Because the 17th Amendment vests the power to grant that authority to the legislature – not the people or the state generally – it is unclear whether the ballot measure supplants the legislature's statute granting that authority. As

1843-443: A simple majority and does not remove a senator from office. Some senators have opted to withdraw from their re-election races rather than face certain censure or expulsion, such as Robert Torricelli in 2002. The "majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats; if two or more parties are tied, the vice president's affiliation determines which party

1940-564: A surge in cybercrime, though concerns about sharing data with foreign agencies remain. On 1 March 2006, the Additional Protocol to the Convention on Cybercrime came into force. Those States that have ratified the additional protocol are required to criminalize the dissemination of racist and xenophobic material through computer systems, as well as threats and insults motivated by racism or xenophobia . On 8 August 2024,

2037-465: A uniform law) the power to legislate a method by which senators are elected. Ballot access rules for independent and minor party candidates also vary from state to state. In 45 states, a primary election is held first for the Republican and Democratic parties (and a select few third parties , depending on the state) with the general election following a few months later. In most of these states,

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2134-504: A year, in May or in November. The meetings, known as "sessions", are normally held in Strasbourg and usually last one full day or two half days. While the greater part of each session is usually devoted to political dialogue, the Ministers may discuss all matters of mutual interest with the exception of national defence. Although the records of the sessions are confidential, a final communiqué

2231-591: Is adopted, along with the Programme of Activities, in the form of resolutions. Under Article 29 of the Financial Regulations (revised in May 1997) the Deputies are assisted by a Budget Committee composed of eleven independent experts, appointed by the Committee of Ministers acting on proposals from member governments. An abridged version of the adopted budget is available in electronic form. In 2006

2328-410: Is anticipated. The Constitution authorizes the Senate to elect a president pro tempore ( Latin for "president for a time"), who presides over the chamber in the vice president's absence and is, by custom, the senator of the majority party with the longest record of continuous service. Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates

2425-435: Is issued at the end of each meeting. The Ministers may also issue one or more declarations. "Meetings of the Ministers' Deputies" are usually held in the Committee of Ministers' meeting room once a week. The Deputies also meet several times a week in subsidiary groups. The Committee of Ministers performs a triple role; as the emanation of the governments which enables them to express on equal terms their national approaches to

2522-621: Is one of the best known Council of Europe treaties and the one with the strongest supervision mechanism by the European Court of Human Rights in Strasbourg and the Committee of Ministers. The text of any treaty is finalised when it is adopted by the Committee. Under Article 20 of the Statute adoption of a treaty requires: The same majorities are required to authorise the publication of any explanatory report. The Committee also fixes

2619-566: Is the Council of Europe 's decision-making body. It comprises the Foreign Affairs Ministers of all the member states, or their permanent diplomatic representatives in Strasbourg . It is both a governmental body, where national approaches to problems facing European society can be discussed on an equal footing, as well as a collective forum, where Europe -wide responses to such challenges are formulated. In collaboration with

2716-468: Is the lower chamber of Congress) comprise the federal bicameral legislature of the United States . Together, the Senate and the House have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments to high offices, approve or reject treaties, and try cases of impeachment brought by

2813-462: Is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright , computer-related fraud , child pornography , hate crimes , and violations of network security . It also contains a series of powers and procedures such as the search of computer networks and lawful interception . Its main objective, set out in

2910-468: Is the majority party. One hundred desks are arranged in the chamber in a semicircular pattern and are divided by a wide central aisle. The Democratic Party traditionally sits to the presiding officer's right, and the Republican Party traditionally sits to the presiding officer's left, regardless of which party has a majority of seats. Each senator chooses a desk based on seniority within

3007-437: Is the majority party. The next-largest party is known as the minority party. The president pro tempore, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Independents and members of third parties (so long as they do not caucus support either of the larger parties) are not considered in determining which

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3104-574: Is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: Henry Clay (aged 29 in 1806), John Jordan Crittenden (aged 29 in 1817), Armistead Thomson Mason (aged 28 in 1816), and John Eaton (aged 28 in 1818). Such an occurrence, however, has not been repeated since. In 1934, Rush D. Holt Sr.

3201-479: Is usually also the Permanent Representative of the member state. The second in rank in a delegation usually has the title "Deputy Permanent Representative", not to be confused with "Ministers' Deputy". Current Chair of the Committee is highlighted, with the position being currently held by Dominique Hasler from Liechtenstein from November 2023 until May 2024. On 25th February, following

3298-618: The Constitution debated more about how to award representation in the Senate than about any other part of the Constitution. While bicameralism and the idea of a proportional "people's house" were widely popular, discussions about Senate representation proved contentious. In the end, some small states—unwilling to give up their equal power with larger states under the Articles of Confederation —threatened to secede in 1787, and won

3395-539: The European Social Charter (Article 29 of the Social Charter). Recommendations adopted before 1979 were issued in the "Resolutions" series of texts adopted. The Statute permits the Committee of Ministers to ask member governments "to inform it of the action taken by them" in regard to recommendations (Article 15.b). In 1987, at their 405th meeting, the Ministers' Deputies adopted a message to

3492-654: The European Union has attained full legal personality , it could also accede to the Council of Europe. So far, the European Community has only signed Council of Europe treaties. Article 15.a of the Statute states that the Committee of Ministers of the Council of Europe "shall consider the action required to further the aim of the Council of Europe , including the conclusion of conventions and agreements". Over 190 treaties have now been opened for signature. The European Convention of Human Rights of 1950

3589-529: The Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS). FERS has been the Senate's retirement system since January 1, 1987, while CSRS applies only for those senators who were in the Senate from December 31, 1986, and prior. As it is for federal employees, congressional retirement is funded through taxes and the participants' contributions. Under FERS, senators contribute 1.3% of their salary into

3686-549: The Parliamentary Assembly , it is the guardian of the Council's fundamental values; it monitors member states' compliance with their undertakings. The Holy See, Japan, Mexico, and the US are observer states in the Committee of Ministers. The Minister of Foreign Affairs of each Council of Europe member state sits on the Committee of Ministers. In May 1951 the Committee of Ministers invited each member state to appoint

3783-467: The Parliamentary Assembly of the Council of Europe (under Statutory Resolution (51) 30). The Assembly adopts an opinion which is published in the Assembly's texts adopted. If the Committee decides that a state can be admitted, it adopts a resolution inviting that state to become a member. The invitation specifies the number of seats that the state will have in the Assembly as well as its contribution to

3880-589: The Parliamentary Assembly of the Council of Europe , interacting with the Congress of Local and Regional Authorities of the Council of Europe. The Committee of Ministers has the authority to invite European States to become members of the Council of Europe (Articles 4, 5 and 6 of the Statute). It may also suspend or terminate membership. The process of admission begins when the Committee of Ministers, having received an official application for membership, consults

3977-628: The Philippines , Senegal , Sierra Leone , Sri Lanka , Tonga , Tunisia and the United States. Although Egypt has not signed off on the Convention, Egyptian President el-Sisi 's government in 2018 has legislated two major computer-crime related laws. Targeting social networking service such as Facebook and Twitter , the legislation criminalizes fake news and terrorism, setting a flag on accounts which carry more than 5,000 subscribers or followers. The early legislation had been criticized by Amnesty International , thus websites can appeal to

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4074-699: The Russian invasion of Ukraine , Russia's rights of representation were suspended, but it remained a member of the Council of Europe and party to the relevant Council of Europe conventions, including the European Convention on Human Rights. Member since 16 April 1956 – Member since 5 May 1949 – Member since 9 November 1995 – Member since 5 May 1949 – Member since 26 November 1991 – Member since 16 November 1988 – Member since 14 June 2006 The Committee meets at ministerial level once

4171-557: The Seventeenth Amendment . Elections to the Senate are held on the first Tuesday after the first Monday in November in even-numbered years, Election Day , and occur simultaneously with elections for the House of Representatives . Senators are elected by their state as a whole. The Elections Clause of the United States Constitution grants each state (and Congress, if it so desires to implement

4268-706: The United States Senate by unanimous consent in August 2006 was both praised and condemned. The United States became the 16th nation to ratify the convention. The Convention entered into force in the United States on 1 January 2007. Senate Majority Leader Bill Frist said: "While balancing civil liberty and privacy concerns, this treaty encourages the sharing of critical electronic evidence among foreign countries so that law enforcement can more effectively investigate and combat these crimes". The Electronic Privacy Information Center said: The Convention includes

4365-413: The gavel of the Senate to maintain order. A " hold " is placed when the leader's office is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a measure. A hold may be placed for any reason and can be lifted by the senator who placed it at any time. A senator may place a hold simply to review a bill, to negotiate changes to the bill, or to kill

4462-434: The parliamentarian . In the early 1920s, the practice of majority and minority parties electing their floor leaders began. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader, who on occasion negotiates some matters with the Senate's minority leader. A prominent practice in the Senate is the filibuster on some matters and its remedy the vote on cloture . The drafters of

4559-417: The principle of proportionality . The Convention is the product of four years of work by European and international experts. It has been supplemented by an Additional Protocol making any publication of racist and xenophobic propaganda via computer networks a criminal offense, similar to Criminal Libel laws. Currently, cyber terrorism is also studied in the framework of the Convention. Its ratification by

4656-414: The senior senator , while the other is the junior senator . For example, majority leader Chuck Schumer is the senior senator from New York, having served in the senate since 1999, while Kirsten Gillibrand is New York's junior senator, having served since 2009. Like members of the House of Representatives, Senators use the prefix " The Honorable " before their names. Senators are usually identified in

4753-423: The state legislature of their respective states. However, since 1913, following the ratification of the Seventeenth Amendment , senators have been elected through a statewide popular vote . As the upper chamber of Congress, the Senate has several powers of advice and consent . These include the approval of treaties , as well as the confirmation of Cabinet secretaries , federal judges (including justices of

4850-481: The Committee of Ministers launched the "Council of Europe Communication Strategy", the first time that the Council of Europe had had a proper communication policy. Since 1966 the Council of Europe has organised, planned and budgeted its activities according to an annual work programme, published as the "Intergovernmental Programme of Activities". The Deputies adopt the programme towards the end of each year and are entrusted with overseeing its implementation. Article 17 of

4947-555: The Congress to determine its convening and adjournment dates and other dates and schedules as it desires. Article 1, Section 3, provides that the president has the power to convene Congress on extraordinary occasions at his discretion. A member who has been elected, but not yet seated, is called a senator-elect ; a member who has been appointed to a seat, but not yet seated, is called a senator-designate . The Constitution requires that senators take an oath or affirmation to support

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5044-430: The Constitution stipulates that no constitutional amendment may be created to deprive a state of its equal suffrage in the Senate without that state's consent. The United States has had 50 states since 1959, thus the Senate has had 100 senators since 1959. Before the adoption of the Seventeenth Amendment in 1913, senators were elected by the individual state legislatures . Problems with repeated vacant seats due to

5141-519: The Constitution, the vice president serves as president of the Senate. They may vote in the Senate ( ex officio , for they are not an elected member of the Senate) in the case of a tie, but are not required to. For much of the nation's history the task of presiding over Senate sessions was one of the vice president's principal duties (the other being to receive from the states the tally of electoral ballots cast for president and vice president and to open

5238-537: The Constitution. Congress has prescribed the following oath for all federal officials (except the President), including senators: I, ___ ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge

5335-730: The Convention contains a provision on a specific type of trans-border access to stored computer data which does not require mutual assistance (with consent or where publicly available) and provides for the setting up of a 24/7 network for ensuring speedy assistance among the Signatory Parties. Further, as conditions and safeguards, the Convention requires the provision for adequate protection of human rights and liberties, including rights arising pursuant to obligations under European Convention on Human Rights , International Covenant on Civil and Political Rights , and other applicable international human rights instruments , and shall incorporate

5432-414: The Convention on the grounds that they did not participate in its drafting. Russia opposes the Convention, stating that adoption would violate Russian sovereignty, and has usually refused to cooperate in law enforcement investigations relating to cybercrime. It is the first multilateral legally binding instrument to regulate cybercrime. Since 2018, India has been reconsidering its stand on the Convention after

5529-583: The FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of a senator's pension depends on the years of service and the average of the highest three years of their salary. The starting amount of a senator's retirement annuity may not exceed 80% of their final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $ 60,972, while those who retired under FERS, or in combination with CSRS,

5626-537: The House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government. The composition and powers of the Senate are established by Article One of the United States Constitution . Each of the 50 states is represented by two senators who serve staggered six-year terms . In total, the Senate consists of 100 members. From its inception in 1789 until 1913, senators were appointed by

5723-443: The Senate mails one of three forms to the state's governor to inform them of the proper wording to certify the appointment of a new senator. If a special election for one seat happens to coincide with a general election for the state's other seat, each seat is contested separately. A senator elected in a special election takes office as soon as possible after the election and serves until the original six-year term expires (i.e. not for

5820-444: The Senate has several officers who are not members. The Senate's chief administrative officer is the secretary of the Senate , who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The assistant secretary of the Senate aids the secretary's work. Another official is the sergeant at arms who, as the Senate's chief law enforcement officer, maintains order and security on

5917-541: The Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include the chaplain , who is elected by the Senate, and pages , who are appointed. The Senate uses Standing Rules for operation. Like the House of Representatives , the Senate meets in the United States Capitol in Washington, D.C. At one end of

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6014-416: The Statute authorises the Committee of Ministers to set up "advisory or technical committees". This has led to the creation of some 30 steering committees and a large number of ad hoc expert committees, which assist the Committee of Ministers in the implementation of the programme of activities. In accordance with Article 46 of the Convention as amended by Protocol No. 11, the Committee of Ministers supervises

6111-503: The Supreme Court ), flag officers , regulatory officials, ambassadors , other federal executive officials , and federal uniformed officers . If no candidate receives a majority of electors for vice president , the duty falls to the Senate to elect one of the top two recipients of electors for that office. The Senate conducts trials of officials who have been impeached by the House. The Senate has typically been considered both

6208-590: The U.S. Supreme Court, in Ashcroft v. Free Speech Coalition , struck down as unconstitutional a provision of the CPPA that prohibited "any visual depiction" that "is, or appears to be, of a minor engaging in sexually explicit conduct". In response to the rejection, the U.S. Congress enacted the PROTECT Act to amend the provision, limiting the ban to any visual depiction "that is, or is indistinguishable from, that of

6305-409: The United States serves as presiding officer and president of the Senate by virtue of that office ; the vice president may vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore , who is traditionally the most senior member of the Senate's majority party, presides over the Senate, and more often by rule allows a junior senator to take the chair, guided by

6402-536: The United States Constitution disqualifies as senators any federal or state officers who had taken the requisite oath to support the Constitution but who later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who had sided with the Confederacy from serving. That Amendment, however, also provides

6499-479: The United States for at least nine years; and (3) they must be inhabitants of the states they seek to represent at the time of their election. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62 , James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character": A senator must be thirty years of age at least; as

6596-409: The bill. A bill can be held for as long as the senator who objects to the bill wishes to block its consideration. Holds can be overcome, but require time-consuming procedures such as filing cloture. Holds are considered private communications between a senator and the leader, and are sometimes referred to as "secret holds". A senator may disclose the placement of a hold. The Constitution provides that

6693-699: The budget. Recently the invitations have included a number of conditions concerning the implementation of democratic reforms in the applicant state. Once invited, a state becomes a member by depositing, normally by the Minister for Foreign Affairs, an instrument of accession with the Secretary General of the Council of Europe . The only European states which are not members of the Council of Europe and thus could in principle be admitted are Belarus , Kazakhstan and Vatican City as well as Kosovo pending clarification of its international legal status. Once

6790-483: The certificates "in the Presence of the Senate and House of Representatives", so that the total votes could be counted). Since the 1950s, vice presidents have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce the result of significant legislation or nomination, or when a tie vote on an important issue

6887-409: The chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. Sessions of the Senate are opened with a special prayer or invocation and typically convene on weekdays. Sessions of the Senate are generally open to the public and are broadcast live on television, usually by C-SPAN 2 . Senate procedure depends not only on

6984-533: The courts within 7 days of blacklisting. In fact India too "was reconsidering its position on becoming a member of the Budapest Convention because of the surge in cyber crime, especially after a push for digital India." Committee of Ministers of the Council of Europe The Committee of Ministers of the Council of Europe ( French : Comité des ministres du Conseil de l'Europe ) or Committee of Ministers ( French : Comité des ministres )

7081-423: The date that the treaty will be opened for signature. Conventions are legally binding for those States which ratify them. Article 15.b of the Statute provides for the Committee of Ministers to make recommendations to member states on matters for which the Committee has agreed "a common policy". Under Article 20 of the Statute, adoption of a recommendation requires a unanimous vote of all representatives present and

7178-607: The day by a vote of 5–4 in what became known as the Connecticut Compromise . The Connecticut Compromise provided, among other things, that each state—regardless of population—would be represented by two senators. First convened in 1789, the Senate of the United States was formed on the example of the ancient Roman Senate . The name is derived from the senatus , Latin for council of elders , derived from senex , meaning old man in Latin. Article Five of

7275-524: The duties of the office on which I am about to enter. So help me God. The annual salary of each senator, since 2009, is $ 174,000; the president pro tempore and party leaders receive $ 193,400. In 2003, at least 40 senators were millionaires; by 2018, over 50 senators were millionaires (partly due to inflation). Along with earning salaries, senators receive retirement and health benefits that are identical to other federal employees, and are fully vested after five years of service. Senators are covered by

7372-493: The execution of judgments of the European Court of Human Rights . This work is carried out mainly at four regular meetings (DH/HR meetings) every year. Documentation for these meetings takes the form of the Annotated Agenda and Order of Business. These documents are made public, as are, in general, the decisions taken in each case. The Committee of Ministers' essential function is to ensure that member states comply with

7469-534: The final category above – Arizona , Hawaii , Kentucky , Maryland , Montana , North Carolina , Oklahoma , Utah , West Virginia , and Wyoming – the governor must appoint someone of the same political party as the previous incumbent. In September 2009, Massachusetts changed its law to enable the governor to appoint a temporary replacement for the late senator Edward Kennedy until the special election in January 2010. In 2004, Alaska enacted legislation and

7566-413: The general election and candidates receiving a majority of the votes is declared the winner, skipping a run-off. In Maine and Alaska , ranked-choice voting is used to nominate and elect candidates for federal offices, including the Senate. The Seventeenth Amendment requires that vacancies in the Senate be filled by special election. Whenever a senator must be appointed or elected, the secretary of

7663-503: The inability of a legislature to elect senators, intrastate political struggles, bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators. In contrast to the House of Representatives, the Senate has historically had stronger norms of conduct for its members. Article I, Section 3, of the Constitution , sets three qualifications for senators: (1) they must be at least 30 years old; (2) they must have been citizens of

7760-416: The inside of the desk's drawer with a pen. Except for the president of the Senate (who is the vice president), the Senate elects its own officers, who maintain order and decorum, manage and schedule the legislative and executive business of the Senate, and interpret the Senate's rules, practices and precedents. Many non-member officers are also hired to run various day-to-day functions of the Senate. Under

7857-486: The intergovernmental committees (steering committees and committees of experts), urging them to improve their monitoring of the implementation of recommendations and resolutions. Under Article 38.c of the Statute the Secretary General is required to prepare a draft budget each year and submit it to the Committee of Ministers for adoption. The draft budget is presented to the Deputies in November of each year. It

7954-653: The judgments of the European Court of Human Rights. The Committee completes each case by adopting a final resolution. In some cases, interim resolutions may prove appropriate. Both kinds of Resolutions are public. Incumbent listed in bold. United States Senate Minority (49) The United States Senate is the upper chamber of the United States Congress . The Senate and the United States House of Representatives (which

8051-418: The last third expired after six years. This arrangement was also followed after the admission of new states into the union. The staggering of terms has been arranged such that both seats from a given state are not contested in the same general election, except when a vacancy is being filled. Class I comprises Senators whose six-year terms are set to expire on January 3, 2025. There is no constitutional limit to

8148-442: The media and other sources by party and state; for example, Democratic majority leader Chuck Schumer , who represents New York, may be identified as "D–New York" or (D-NY). And sometimes they are identified as to whether they are the junior or senior senator in their state ( see above ). Unless in the context of elections, they are rarely identified by which one of the three classes of senators they are in. The Senate may expel

8245-456: The nominee may receive only a plurality, while in some states, a runoff is required if no majority was achieved. In the general election, the winner is the candidate who receives a plurality of the popular vote. However, in five states, different methods are used. In Georgia , a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority. In California , Washington , and Louisiana ,

8342-454: The number of terms a senator may serve. The Constitution set the date for Congress to convene — Article 1, Section 4, Clause 2, originally set that date for the third day of December. The Twentieth Amendment , however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day. The Twentieth Amendment also states that the Congress shall assemble at least once every year, and allows

8439-469: The offenses relating to child pornography that are stated in the Convention, specifically the ban on virtual child pornography, because of its First Amendment 's free speech principles. Under Article 9(2)(c) of the Convention, a ban on child pornography includes any "realistic images representing a minor engaged in sexually explicit conduct". According to the Convention, the United States would have to adopt this ban on virtual child pornography as well, however,

8536-463: The party. By custom, the leader of each party sits in the front row along the center aisle. Forty-eight of the desks date back to 1819, when the Senate chamber was reconstructed after the original contents were destroyed in the 1812 Burning of Washington . Further desks of similar design were added as new states entered the Union. It is a tradition that each senator who uses a desk inscribes their name on

8633-548: The power to compel an Internet service provider to monitor a person's activities online in real time. Finally, the Convention requires signatory states to provide international cooperation to the widest extent possible for investigations and proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal offense. Law enforcement agencies will have to assist police from other participating countries to cooperate with their mutual assistance requests. Although

8730-864: The preamble, is to pursue a common criminal policy aimed at the protection of society against cybercrime, especially by adopting appropriate legislation and fostering. The Convention aims principally at: The following offenses are defined by the Convention: illegal access, illegal interception, data interference, system interference, misuse of devices, computer-related forgery , computer-related fraud , offenses related to child pornography, and offenses related to copyright and neighboring rights . It also sets out such procedural law issues as expedited preservation of stored data, expedited preservation and partial disclosure of traffic data, production order, search and seizure of computer data, real-time collection of traffic data, and interception of content data. In addition,

8827-405: The prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils. The Senate (not the judiciary)

8924-441: The problems confronting Europe's societies; as the collective forum where European responses to these challenges are worked out, alongside the Parliamentary Assembly of the Council of Europe and as guardian of the values for which the Council of Europe exists. The work and activities of the Committee of Ministers include political dialogue, developing public international law through Council of Europe conventions, interacting with

9021-461: The responsibility of presiding to a majority-party senator who presides over the Senate, usually in blocks of one hour on a rotating basis. Frequently, freshmen senators (newly elected members) are asked to preside so that they may become accustomed to the rules and procedures of the body. It is said that, "in practice they are usually mere mouthpieces for the Senate's parliamentarian , who whispers what they should do". The presiding officer sits in

9118-399: The results of votes. Each party elects Senate party leaders . Floor leaders act as the party chief spokesmen. The Senate majority leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects an assistant leader (whip) , who works to ensure that his party's senators vote as the party leadership desires. In addition to the vice president,

9215-434: The rules, but also on a variety of customs and traditions. The Senate commonly waives some of its stricter rules by unanimous consent . Unanimous consent agreements are typically negotiated beforehand by party leaders. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer sometimes uses

9312-402: Was $ 35,952. By tradition, seniority is a factor in the selection of physical offices and in party caucuses' assignment of committees. When senators have been in office for the same length of time, a number of tiebreakers are used, including comparing their former government service and then their respective state population. The senator in each state with the longer time in office is known as

9409-415: Was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. On November 7, 1972, Joe Biden was elected to the Senate at the age of 29, which was only 13 days prior to his 30th birthday on November 20, 1972. Therefore, he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973. The Fourteenth Amendment to

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