The United Nations has recently approved a new cybercrime treaty, marking a significant milestone as the first treaty of its kind to be adopted within the global body. The United Nations Convention Against Cybercrime was approved by UN member states after three years of negotiations and will now be presented to the General Assembly for formal adoption.
Chairwoman of the treaty drafting committee, Algerian diplomat Faouzia Boumaiza Mebarki, expressed her gratitude and commended the adoption of the treaty, which was met with applause from the members. However, despite the celebratory atmosphere, the approval of the treaty has sparked controversy and criticism from various quarters.
Human rights activists and tech firms have raised concerns about the potential surveillance risks posed by the treaty, citing its broad scope and lack of human rights safeguards. Deborah Brown of Human Rights Watch labeled the treaty as an ‘unprecedented multilateral tool for surveillance’ that could have disastrous consequences for human rights and taint the reputation of the UN.
While the treaty aims to prevent and combat cybercrime, particularly in areas such as child sexual abuse imagery and money laundering, critics argue that its lack of safeguards could enable government repression. The approval of the treaty has led to a mixed reaction from countries, with some expressing concerns that it includes too many human rights safeguards.
The title of the treaty defines cybercrime as any crime committed using Information and Communications Technology systems, which, according to Brown, could be used by governments to justify the enforcement of repressive laws. Additionally, the treaty mandates governments to assist in the investigation of serious crimes under national law, potentially putting behaviors protected under international human rights law at risk.
Critics have also raised concerns about the treaty’s implications for children’s rights, warning that it could inadvertently criminalize consensual conduct among children in similar-age relationships. Moreover, the treaty could jeopardize the work of human rights organizations documenting abuses of children’s rights by restricting their access to relevant material.
Despite opposition from the US and European governments, the treaty drafting committee was established following a move by Russia in 2017. Critics argue that the treaty could be used as a tool of repression to crack down on journalists, activists, and other vulnerable groups across borders. Representatives from technology companies such as Microsoft and Meta have called for nations to refrain from signing or implementing the treaty, citing concerns about its potential harm to the digital environment and human rights.
In light of the criticism and opposition, human rights groups and technology companies are urging UN member states to reject the current version of the cybercrime treaty. They warn that the treaty could facilitate transnational repression and undermine fundamental freedoms if implemented in its current form. The debate surrounding the treaty highlights the complex balance between combating cybercrime and safeguarding human rights in the digital age.