Secretary-General Antonio Guterres welcomed the adoption of the cybercrime treaty, the first in over 20 years. His spokesperson said this was a demonstration of multilateralism succeeding during difficult times and the collective will of member states. It provides a never-before platform for collaboration to exchange evidence, protect victims, and safeguard privacy and human rights online.
Table of Contents
Convention Dec 24, 2024
This convention against cybercrime acknowledged the risks posed by using information and communication technologies (ICT). The potential and already rampant criminal activities that these technologies can be misused for and the crime’s speed, scope, and scale are unimaginable.
The convention recognized the impact of cybercrime on individuals and society. Protecting society from offences that are far-reaching, like terrorism, human trafficking, drug smuggling, and the current online financial crimes.
Success for multilateralism
Global collaboration is the need of the hour, and it is clearly needed in the case of cybercrime. Like the Paris Agreement (2015), where countries committed to reducing greenhouse gas emissions, 193 member states have come together in a landmark agreement to fight online criminals and traffic.
Multilateralism refers to a system where three or more countries agree to coordinate based on agreed rules and principles to solve problems that cannot be resolved individually.
Future timeline
In 2025, the convention will obtain signatures at a ceremony hosted in Hanoi, Vietnam.
The timeline goes this way:
- Adoption of UN General Assembly: December 24, 2024.
- Opening for Signatures: In 2025 at Hanoi, Viet Nam.
- Signing period: Signing will be open at the UN Headquarters, New York, until December 31, 2026.
- 90 days after this process, the treaty comes into force.
What is the Cybercrime Treaty?
Officially known as the “Draft Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes,” it is a proposed international agreement led by the UN Office of Drugs and Crime (UNODC).
Its goal is to build a global framework for:
- Preventing
- Investigating
- Prosecuting
Cybercrimes while balancing human rights and state sovereignty.
Though this is a noble cause initiated by the UN, it has its controversies. The key aspects, though, are captured here.
Scope
Seeks to tackle cyber-enabled crimes like child exploitation, financial fraud, and terrorism.
Addresses crimes such as hacking, identity theft, ransomware attacks, and misuse of digital technologies.
Questions and Controversy
Strong surveillance and state control measures often lead to concerns over privacy. Many countries opine that the treaty could become a powerful tool for authoritarian regimes to stifle dissent.
Timeline
developedNegotiations began in 2022, and after meeting several times, the drafting committee has come up with a refined draft that was adopted on 24th Dec 2024.
Global Impact
It will standardize cybercrime laws and improve international collaboration on investigation and prosecutions, especially since these crimes often go beyond borders. It will ensure compatibility with existing conventions like the Budapest Convention on Cybercrime.
Conclusion
It may be noted that India’s cybercrime laws are as old as the Information Technology Act of 2000. Though it was amended in 2008, 17 years is still a long time in this fast-paced digital world, as is clearly evident in the rampant rise in cybercrime in India. While the IT Act addresses data breaches and privacy to an extent, India lacks a comprehensive data protection law. It further has challenges of jurisdiction, awareness, evolving threats, and privacy concerns.
India has since established mechanisms like Cyber Cells, the National Cyber Crime Reporting Portal (https://cybercrime.gov.in/), and the Computer Emergency Response Team. However, there are reports that these are not active or responding as they should!