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Just before the UN General Assembly closed for the year last Friday, it adopted a resolution on cybercrime which agreed to initiate a process to draft a comprehensive international convention on countering the use of ICTs for criminal purposes #UNGA #Cybercrime @APC_News 1/
This divisive resolution went to a vote: 79 (Yes) 60 (No) 33 (Abstentions). It had less support than previous votes on this same issue (probably due to the timing of the vote) #UNGA #Cybercrime 2/pic.twitter.com/XCeG63A25O
Cybercrime is a pressing issue, urgently in need of being addressed, including through international cooperation. However this initiative is flawed in a number of ways 3/
Cybercrime is left undefined in the resolution, conflates cybersecurity and cybercrime, and gives the initiative problematically broad mandate. It also opens the door to criminalizing ordinary online behavior that is protected under international human rights law. 4/
Cybercrime legislation is being misused by governments around the world to target human rights defenders, hinder their work & endanger their safety. This was, ironically, recognized by another resolution that was adopted by consensus at #UNGA74 https://undocs.org/A/C.3/74/L.31/Rev.1 … #HRDs 5/
Russia’s Draft UN Convention on Cooperation in Combating Cybercrime, which is meant to serve as a basis for developing a convention, raises a number of concerns from a human rights perspective, esp for how it deals with cross border access to data. https://undocs.org/A/C.3/72/12 6/
Given Russia's efforts to expand control over the internet, with the so-called “sovereign internet” law, its leadership in developing an international binding treaty on cybercrime deserves high levels of scrutiny (to put it mildly). https://www.hrw.org/news/2019/10/31/russia-new-law-expands-government-control-online … 7/
Even if these challenges (definitional specificity & compliance with international human rights law) could be overcome it’s not clear that a new convention on cybercrime is the right approach, for a number of reasons, both pragmatic & theoretical 8/
Most media coverage of the controversy over the creation of this initiative to draft a new international cybercrime convention frames it according to the concerns of the US & EU. This is short sighted. 9/
40+ civil society organizations & experts from all regions of the world object to the proposed treaty bc of the threat it poses to human rights online. See their concerns outlined in detail here: https://www.apc.org/en/pubs/open-letter-un-general-assembly-proposed-international-convention-cybercrime-poses-threat-human … 10/
Russia characterizes the process to draft an international cybercrime treaty as ‘Democratic talks to replace club interests’. The resolution paves the way for intergovernmental talks & have not engaged civil society to date. Doesn't sound so democratic 11/
Next steps include an organizational meeting in Aug 2020 & substantive work to begin in 2021. Concerted efforts are needed before then to ensure this process is inclusive, transparent & accountable so that progresses in a way that reinforces human rights online 12/
Here's the link to the resolution https://undocs.org/A/C.3/74/L.11/Rev.1 … 13/13
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