Cybercrime, ranging from identity theft and one-off scams to attacks on major institutions, has become a significant threat to the safety and privacy of internet users globally. However, a new treaty that aims to address the issue could potentially do more harm than good.
A UN committee has been engaged in drafting a potential cybercrime treaty since the process was proposed by the Russian government in 2017. The group, known as the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes, has held several rounds of meetings to outline what an international agreement on cybercrime would entail.
The Center for Democracy & Technology (CDT) is an accredited stakeholder participant in these negotiations. As early as 2021, CDT raised concerns about the treaty's scope.
In a recent open letter to the committee from civil society organizations, it was explained that the current proposed treaty could allow governments to collect massive amounts of personal data from internet users across national borders without their knowledge or consent. It could also threaten network security researchers whose work helps identify and close vulnerabilities that bad actors might exploit.
The level of data collection permitted under this treaty could be used to suppress dissent. The limited safeguards text notably omits protection for political opinion because some states have sought to exclude that protection from the negotiated language. As stated in the open letter, "the possibility that governments could collect the data will itself have a chilling effect since citizens will often censor themselves if they think Big Brother is watching."
While progress against cybercrime is essential, any successful cybersecurity treaty must be built on a firm foundation of human rights, including privacy and freedom of expression and opinion. As it stands now, this treaty would almost certainly exacerbate existing issues. Internet users worldwide deserve better protections.
