Draft UN Convention on Cooperation in Combatting Information Crimes

As a proposed successor to the Budapest Convention, this draft UN convention, promulgated by the Russian Federation, attempts “to promote and strengthen measures aimed at effectively preventing and combating crimes” related to “information and communications technologies,” or ICT. Further, it tries to “prevent… misuse of ICT… by providing powers sufficient for effectively combating such crimes,” and by fomenting international cooperation. Importantly, the drafters note that these goals must be implemented in a manner commiserate with existing definitions of territorial sovereignty, and chiefly not involve enforcement action in another state’s jurisdiction. Specifically, the proposed conference identifies enacted laws and domestic policies that outlaw certain enumerated ICT crimes.
For example, the proposed convention specifically identifies the unlawful and deliberate interception of information by a non-governmental actor as a prohibited act. Similarly, the convention restricts the use of malware or destructive attacks in disrupting electronic activities. Such disruptive attacks include the creation of spam and phishing communications. Regardless of the offences, the convention requires that all enforcement methods be compatible with local standards of liberties and free speech; any authorization to intercept traffic or collect network information should be garnered under the conventional process for the specific state. As in the Budapest Convention, this draft establishes a formal framework for international cooperation: states should “provide mutual legal assistance for the purpose of investigating [ICT] offences.” That being said, states maintain authority only over territorial offences or crimes committed by a “national of that [state].” Nonetheless, the convention also provides for multilateral cooperation in terms of information sharing and “technical assistance.”