The Foreboding UN Convention on Cybercrime

by Cecilie Jilkova | Brownstone Institute

The UN committee approved the text of the Convention on Combating Cybercrime. Human rights organizations and information technology experts have called it a threat to democracy and the free world.

“One of the world’s most dangerous surveillance treaties was approved with a standing ovation,” wrote Austrian digital rights group Epicenter Works.

The UN General Assembly is now due to vote on the adoption of the Convention in September.

“It can be assumed that the treaty will be accepted without difficulty at the UN General Assembly in September, and will thus be officially considered a UN convention. After that, it will be available for signature and subsequently it can be ratified,” said political advisor Tanja Fachathalerová. “It can be assumed that it will not be a big problem to achieve the necessary forty ratifications, which are necessary for the treaty to enter into force.”

Legitimization of Repression against Journalists and Opponents

The proposed international treaty aims to combat cybercrime and improve international cooperation between law enforcement agencies. However, more than a hundred human and civil rights organizations around the world have warned of a serious threat to human rights and criticized the fact that the text of the treaty lacks adequate safeguards. According to them, the planned agreement would oblige UN member states to introduce comprehensive measures for the supervision of a wide range of crimes.

“The contract is really a surveillance agreement with too few provisions on data protection and human rights. In practice, it legitimizes the more repressive measures against political opponents or journalists that we now see in authoritarian states,” writes the netzpolitik.org server.

China and Russia Stood at the Beginning of the Convention

It all started with a UN resolution initiated in 2019 by Russia, China, and other countries (such as Iran, Egypt, Sudan, and Uzbekistan) with 88 votes in favor, 58 against, and 34 abstentions.

European states have proposed changes, but according to experts, the resulting compromise does not even meet the conditions necessary to preserve privacy and protect human rights.

“Unfortunately, a data access treaty has been drawn up that will allow governments around the world to exchange citizens’ personal information in perpetual secrecy in the event of any crime the two governments agree is ‘serious.’ This would include eavesdropping on location and real-time communications around the world, and force IT workers to divulge passwords or other access keys that would compromise the security of global systems that billions of people rely on every day. And it’s not just private sector systems – government systems are also at risk,” said Nick Ashton-Hart, Digital Economy Policy Director at APCO, who is also leading the Cybersecurity Tech Accord delegation to the Convention negotiations.

The Threat of Criminal Prosecution of Journalists and White Hackers

The Ashton-Hart treaty also puts journalists and whistleblowers at risk of prosecution. The International Press Institute was so concerned about this risk that it placed a full-page ad in the Washington Post. Independent security experts around the world also warned in February that they could face criminal prosecution for their work protecting IT systems from cybercriminals under the draft Convention.

Governments Could Prosecute Children for Sexting

“Incredibly, the text expressly allows governments to prosecute children for “sexting” in the same article (14) that is supposed to protect them from sexual predators. The article also puts people working in charities who help bring predators to justice at risk of prosecution because they need access to material created by predators as part of their work. Civil society advocates have repeatedly pointed out this obvious deficiency, but to no avail,” Ashton-Hart said.

Concerns about Freedom of Expression

According to experts, companies that operate internationally will also be exposed to increased legal and reputational risk after the arrest of employees. The private data of individuals and vulnerable communities can be accessed by law enforcement agencies around the world, even in cases where the perpetrators’ actions are not criminal in their place of residence or in cases that raise significant concerns about freedom of expression.

Cooperation between authorities and states can be kept secret without transparency about how governments use the treaty, or without provisions that allow companies to challenge law enforcement requests, even if they are illegal.

Criticizing Leaders as a Crime?

“Facilitating collusion in any ‘serious’ crime opens the door to ‘crimes’ such as criticizing leaders or persecuting minorities,” writes Ashton-Hart in his analysis.

On August 13, the International Chamber of Commerce, the world’s largest and most representative representative of the private sector, openly called on the UN not to adopt the convention at the General Assembly in September.

“If governments fail again to protect the international human rights legal framework they so often vociferously support, then new, dangerous norms created in international law will haunt us for decades to come,” Ashton-Hart said.

Republished from the author’s Substack