On August 8, 2024, the UN unanimously approved the first international treaty against cybercrime, called the “United Nations Convention against Cybercrime”. This treatise, which focuses in particular on fight against online child pornography and riciclaggio di denaro, represents an important step forward in international cooperation. However, there is no shortage of criticism from human rights defenders and large technology companies, concerned about the possible implications on privacy and global surveillance. The treaty now awaits final approval by the General Assembly.
The negotiation process
The resolution comes after three years of negotiations and a final two-week session in New York. The treaty, proposed by Russia in 2017 and drafted by a committee chaired by Algeria's Faouzia Boumaiza Mebarki, has seen heated debate. THE'Iran attempted to eliminate some clauses to protect human rights, but his proposal was rejected with 102 votes against, 23 in favor and 26 abstentions. There Russia has criticized the treaty for the excessive emphasis on human rights, while the United States, although initially skeptical, ultimately supported the agreement. Despite the disagreements, no country has blocked approval. “Thank you very much, well done everyone,” Mebark said to applause.
The contents of the treaty against cybercrime
The treaty will enter into force once ratified by 40 member states and aims to “prevent and combat cybercrime more efficiently and effectively”, focusing in particular on child pornography and money laundering. It will allow Member States to request electronic evidence e data to Internet service providers of other countries during investigations into crimes punishable by at least four years' imprisonment.
Human rights defenders protest
Many Human rights activists have raised strong concerns regarding the new treaty. Deborah Brown of Human Rights Watch called it an “unprecedented multilateral surveillance tool,” warning that it could be used to repress journalists, activists and others for political reasons. Even theUnited Nations High Commissioner for Human Rights shared similar reservations, urging States to keep human rights at the heart of the Convention.
While there is consensus on the need to combat child pornography and the sexual exploitation of minors, some fear that the treaty could lead to the criminalization of behaviors such as intimate selfies or images taken consensually by minors.
But tech companies are also opposed
also the major technology companies have expressed concerns. Nick Ashton-Hart, of the Cybersecurity Tech Accord, criticized the treaty for failing to address key flaws reported by civil society and the private sector. Tech companies fear the new convention could lead to increased surveillance and compromised trust in digital technologies.
“Unfortunately, (the committee) adopted a convention without addressing many of the key flaws identified by civil society, the private sector and even the UN human rights body,” Nick Ashton-Hart, who led the delegation of Cybersecurity Tech Accord, bringing together more than 100 companies in the sector such as Microsoft or Meta, "we think that states should not sign or apply this convention".
