Draft United Nations Convention Against Cybercrime
This is the definitive text, accompanied by the proposed UNGA resolution and interpretative note, which will be submitted for adoption on Thursday morning. Today’s formal session has been canceled to allow delegations to discuss and find common ground on the remaining areas of disagreement.
Delegates need to decide on the final name for the convention. The long-term dispute has been over referring to cybercrime or broadening the treaty’s scope to include crimes committed using ICT systems. The latest text attempts a compromise by opting for “cybercrime” in the main title and including the subtitle “strengthening international cooperation for combating certain crimes committed by means of ICT systems and for the sharing of electronic evidence of serious crimes.”
Key issues pending agreement include:
Article 4: Offenses established in accordance with other UN conventions and protocols
Article 6: Respect for human rights
Article 14: Offenses related to CSAM
Article 16: Non-consensual dissemination of intimate images
Article 24: Conditions and safeguards
The number of required ratifications for the convention to enter into force has been set at 40 countries. However, several countries objected to this threshold and proposed raising it to 50.
Stakeholders had their final opportunity to address the plenary. INTERPOL reiterated its commitment to supporting states in implementing the convention. NGOs, including Access Now, the Electronic Frontier Foundation (EFF), and R3D: Red en Defensa de los Derechos Digitales, expressed concerns about potential deteriorations in human rights safeguards.