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December 27th, 2024
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UN GENERAL ASSEMBLY APPROVES CYBERCRIME TREATY DESPITE INDUSTRY BACKLASH

The United Nations General Assembly adopted a landmark cybercrime convention on
Tuesday, paving the way for significant changes to how governments police the
internet. 

The Convention against Cybercrime was adopted without a vote and by consensus
after a five-year negotiation. A formal signing ceremony will be held in Hanoi
in 2025 and the convention will take force 90 days after being ratified.  

The agreement provides a framework for how law enforcement agencies in different
countries coordinate on cybercrime investigations and is being touted as a way
to reduce the number of safe havens for cybercriminals as well as help
developing nations better protect their citizens from digital crimes.

Human rights activists, cybersecurity experts and some of the largest tech firms
in the world have come out against the convention, warning that it will likely
be misused by dictatorships and may enable a slew of privacy violations. Efforts
to add human rights and privacy language into the treaty failed during
negotiations over the summer. 

“We live in a digital world, one where information and communications
technologies have enormous potential for the development of societies, but also
increases the potential threat of cybercrime,” President of the UN General
Assembly Philémon Yang said. 

“With the adoption of this Convention, Member States have at hand the tools and
means to strengthen international cooperation in preventing and combating
cybercrime, protecting people and their rights online.”

UN Office on Drugs and Crime (UNODC) Executive Director Ghada Waly noted that
this is the first international anti-crime treaty in 20 years and would be
pivotal in efforts to “address crimes like online child sexual abuse,
sophisticated online scams and money laundering.”

Waly said cybercrime is draining “trillions” from economies around the world
each year and UNODC is eager to help the 193 member states ratify and implement
the treaty “with the tools, assistance and capacity-building support they need
to protect their economies and safeguard the digital sphere from cybercrime.”

The convention cleared its final hurdle in November after both the U.S. and U.K.
decided to support the Russia-introduced measure. 

U.S. officials acknowledged that dozens of countries have worries about the
potential for states to use the treaty to justify human rights violations,
extraterritorial surveillance, the harassment of tech company employees and the
abuse of people’s privacy.

Accountability will be demanded of any government that misuses the treaty, one
U.S. spokesperson said last month, urging signatories to pass their own domestic
laws that would protect human rights and privacy locally. 

Countries are allowed to refuse information requests issued by other countries
and the U.S. said there are other technical mechanisms to spotlight abuse and
prevent it from continuing. 


LINGERING CONCERNS

The convention was initially prompted by a General Assembly vote in December
2019 to begin negotiating a cybersecurity accord after Russia took issue with
the previous agreement — the Budapest Convention — and demanded a new framework
to address cybercrime.

After seeing the first draft in August 2023, human rights groups and even tech
industry giants like Microsoft warned that significant changes would need to be
made to stop the treaty from being used by governments as a tool of repression. 

Few changes were made since that draft, and the outcry did not stop the Biden
administration from pushing forward with the effort — even after six Democratic
senators sent a letter to the White House last month expressing alarm over the
finalized agreement’s treatment of privacy rights, freedom of expression,
cybersecurity and artificial intelligence safety.

The Cybersecurity Tech Accord — a global industry group representing more than
157 large tech companies, including Microsoft, Meta, Oracle, Cisco, SalesForce,
Dell, GitHub, HP and more — has repeatedly slammed the treaty out of fear it
will be used against cybersecurity researchers. Several tech companies are also
concerned about potentially thorny data requests that will be issued by
governments through the treaty. 

“They are choosing to believe that a bad treaty is better than no treaty,”
Access Now’s Raman Jit Singh Chima told Recorded Future News last month. 

“And in reality, the UN Cybercrime Convention would undermine cybersecurity,
particularly by casting or creating a more uncertain legal framework for
security research.”

White House officials told reporters in November that the U.S. felt the need to
back the treaty in order to have a role in potentially updating it in the future
and to shape the way it is implemented around the world. 

U.S. officials said the convention will expand the number of countries that
would respond to U.S. warrants for arrest involving cybercrimes. U.S. officials
pledged to create a plan on how to check if countries are abusing the measure.

The State Department did not respond to requests for an update about how those
accountability measures are being formalized.  

Stéphanie Tremblay, associate spokesperson for Secretary-General António
Guterres, said the convention “reflects the collective will of Member States to
promote international cooperation to prevent and combat cybercrime.” 

“The convention creates an unprecedented platform for collaboration in the
exchange of electronic evidence, protection for victims, and prevention, while
ensuring human rights are protected online,” Tremblay said. 

“The Secretary-General trusts that the new treaty will promote a safe cyberspace
and calls on all States to join the Convention and to implement it in
cooperation with relevant stakeholders.”

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Tags
 * United Nations
 * UN Cybercrime Treaty
 * Russia
 * United States
 * United Kingdom
 * data privacy

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Jonathan Greig

is a Breaking News Reporter at Recorded Future News. Jonathan has worked across
the globe as a journalist since 2014. Before moving back to New York City, he
worked for news outlets in South Africa, Jordan and Cambodia. He previously
covered cybersecurity at ZDNet and TechRepublic.




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