UN Convention against Cybercrime

Aditi Pangotra
Aditi Pangotra
Research Analyst, Policy & Advocacy, CyberPeace
PUBLISHED ON
Dec 27, 2024
10

The United Nations in December 2019 passed a resolution that established an open-ended ad hoc committee. This committee was tasked to develop a ‘comprehensive international convention on countering the use of ICTs for criminal purposes’. The UN Convention on Cybercrime is an initiative of the UN member states to foster the principles of international cooperation and establish legal frameworks to provide mechanisms for combating cybercrime. The negotiations for the convention had started in early 2022. It became the first binding international criminal justice treaty to have been negotiated in over 20 years upon its adoption by the UN General Assembly.  

This convention addresses the limitations of the Budapest Convention on Cybercrime by encircling a broader range of issues and perspectives from the member states. The UN Convention against Cybercrime will open for signature at a formal ceremony hosted in Hanoi, Viet Nam, in 2025. The convention will finally enter into force 90 days after being ratified by the 40th signatory.

Objectives and Features of the Convention

  • The UN Convention against Cybercrime addresses various aspects of cybercrime. These include prevention, investigation, prosecution and international cooperation. 
  • The convention aims to establish common standards for criminalising cyber offences. These include offences like hacking, identity theft, online fraud, distribution of illegal content, etc. It outlines procedural and technical measures for law enforcement agencies for effective investigation and prosecution while ensuring due process and privacy protection. 
  • Emphasising the importance of cross-border collaboration among member states, the convention provides mechanisms for mutual legal assistance, extradition and sharing of information and expertise. The convention aims to enhance the capacity of developing countries to combat cybercrime through technical assistance, training, and resources. 
  • It seeks to balance security measures with the protection of fundamental rights. The convention highlights the importance of safeguarding human rights and privacy in cybercrime investigations and enforcement.
  • The Convention emphasises the importance of prevention through awareness campaigns, education, and the promotion of a culture of cybersecurity. It encourages collaborations through public-private partnerships to enhance cybersecurity measures and raise awareness, such as protecting vulnerable groups like children, from cyber threats and exploitation.

Key Provisions of the UN Cybercrime Convention

Some key provisions of the Convention are as follows:

  • The convention differentiates cyber-dependent crimes like hacking from cyber-enabled crimes like online fraud. It defines digital evidence and establishes standards for its collection, preservation, and admissibility in legal proceedings.
  • It defines offences against confidentiality, integrity, and availability of computer data and includes unauthorised access, interference with data, and system sabotage. Further, content-related offences include provisions against distributing illegal content, such as CSAM and hate speech. It criminalises offences like identity theft, online fraud and intellectual property violations.
  • LEAs are provided with tools for electronic surveillance, data interception, and access to stored data, subject to judicial oversight. It outlines the mechanisms for cross-border investigations, extradition, and mutual legal assistance.
  • The establishment of a central body to coordinate international efforts, share intelligence, and provide technical assistance includes the involvement of experts from various fields to advise on emerging threats, legal developments, and best practices.

Comparisons with the Budapest Convention

The Budapest Convention was adopted by the Committee of Ministers of the Council of Europe at the 109th Session on 8 November 2001. This Convention was the first international treaty that addressed internet and computer crimes. A comparison between the two Conventions is as follows:

  • The global participation in the UNCC is inclusive of all UN member states whereas the latter had primarily European with some non-European signatories. 
  • The scope of the UNCC is broader and covers a wide range of cyber threats and cybercrimes, whereas the Budapest convention is focused on specific offences like hacking and fraud. 
  • UNCC strongly focuses on privacy and human rights protections and the Budapest Convention had limited focus on human rights.
  • UNCC has extensive provisions for assistance to developing countries and this is in contrast to the Budapest Convention which did not focus much on capacity building.

Future Outlook

The development of the UNCC was a complex process. The diverse views on key issues have been noted and balancing different legal systems, cultural perspectives and policy priorities has been a challenge. The rapid technology evolution that is taking place requires the Convention to be adaptable to effectively address emerging cyber threats. Striking a balance remains a critical concern. The Convention aims to provide a blended approach to tackling cybercrime by addressing the needs of countries, both developed and developing.

Conclusion

The resolution containing the UN Convention against Cybercrime is a step in global cooperation to combat cybercrime. It was adopted without a vote by the 193-member General Assembly and is expected to enter into force 90 days after ratification by the 40th signatory. The negotiations and consultations are finalised for the Convention and it is open for adoption and ratification by member states. It seeks to provide a comprehensive legal framework that addresses the challenges posed by cyber threats while respecting human rights and promoting international collaboration. 

References

PUBLISHED ON
Dec 27, 2024
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