States Should Reject Ratifying Convention on Human Rights Grounds

The United Nations General Assembly adopted the Convention against Cybercrime on December 24, despite widespread concerns that the treaty will facilitate human rights violations.

The convention, the first global treaty of its kind, extends far beyond addressing cybercrime – malicious attacks on computer networks, systems, and data. It obligates states to establish broad electronic surveillance powers to investigate and cooperate on a wide range of crimes, including those that don’t involve information and communication systems. And it does so without adequate human rights safeguards.

The General Assembly launched treaty negotiations, sponsored by Russia, in 2019 after a very divided vote. Years of heated negotiations resulted in consensus, with countries that originally opposed the treaty (notably the United States and European governments) ultimately supporting a deeply problematic outcome.

The convention will obligate governments to collect electronic evidence and share it with foreign authorities for any “serious crime,” defined as an offense punishable by at least four years of imprisonment under domestic law. Many governments treat activities protected by international human rights law as serious offenses, such as criticism of the government, peaceful protest, same-sex relationships, investigative journalism, and whistleblowing.

Additionally, the convention could be misused to criminalize the conduct of children in certain consensual relationships as well as the ordinary activities of security researchers and journalists.

Read full article on New UN Cybercrime Treaty Primed for Abuse