New UN cybercrime convention has a long way to go in a tight timeframe

Abstract: 

Acts of crime committed through the cyber domain continue to grow in scale and frequency throughout the entire world, a fact that makes it nearly vital for international leaders to come together in forming adequate cybercrime conventions/treaties. Developed in the 1990s and going into effect in 2004, the Budapest Cybercrime Convention aided in the creation of the “first international treaty to define crimes committed via the internet and other computer networks.” However, many of the states that were not originally members of this convention expressed that they wanted a new UN convention, one that could have much more of a worldwide impact and would be more attractive to than the first. Though such a convention and its resulting treaties could be beneficial, they could also cause unintended harm. With this in mind, many believe that the scope of this new convention should not be broad, because attempting to include every possible cybercrime would end up covering every type of crime and even disabling freedom of speech and expression. The creation of such a convention is further complexified as the way certain provisions are currently being written can leave room for misinterpretation. Certain leaders believe that civil disputes, for example, should be specifically stated as disputes not to be criminalized. Intent is also an extremely important thing to consider when writing these provisions, as one individual may be doing certain activities that alter a network’s functionality with certain harmful purpose in mind, while another may be doing similar activities to learn from them and help states in protecting their networks. If a certain case fits under the latter example, it is important to recognize that this individual should not be penalized for their actions (so long as they do not cause ill-intended consequences). Though there are various aspects to consider, some potentially more delicate than others, it is a great and successful step that many more countries are eager to join this new convention. Leaders may find that certain provisions may need much more intricate specification than others when being drafted, as people tend to interpret less-detailed statements differently. However, with the right intentions and goals in mind, a new and beneficial UN cybercrime convention can be formed to benefit many states.

Author: 

Cynthia Brumfield

Year: 

2023

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