UN Cybercrime Convention: EFF & Partners Urge Governments Not to Sign
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civil Society Urges Caution on UN Cybercrime Convention
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A broad coalition of digital rights groups, including the Electronic Frontier Foundation (EFF), is warning UN Member States against signing the UN Convention Against Cybercrime, citing severe human rights risks. The Convention, finalized in October 2024, mandates expansive surveillance powers and data sharing, potentially impacting freedom of expression and privacy globally.
The Core Concerns: Surveillance and Overreach
the UN Convention Against cybercrime obligates states to establish broad electronic surveillance powers to investigate a wide range of crimes, even those unrelated to facts and dialog systems. This includes requiring governments to collect, obtain, preserve, and share electronic evidence with foreign authorities for any offense punishable by at least four years’ imprisonment. Critics argue this definition of “serious crime” is dangerously broad and susceptible to abuse.
The EFF and other organizations highlight that in many countries, actions like peaceful protest, expressing dissenting opinions, or identifying as LGBTQ+ can be classified as “serious crimes” under existing laws. This means individuals could face investigation and prosecution under the Convention for exercising basic rights. The potential for cross-border data requests based on such laws is notably alarming.
A Global Impact: Examples of Repressive Laws
The Convention’s broad definition of “serious crime” raises concerns about its submission in countries with existing repressive laws.Consider these examples:
| Country | Example “Serious Crime” | Potential Impact under the Convention |
|---|---|---|
| Russia | “Discrediting” the armed forces | Individuals could be investigated and data shared internationally for expressing anti-war views. |
| Saudi Arabia | Criticizing the government on social media | Tweets or online posts could trigger investigations and data requests from other nations. |
| Egypt | “Spreading false news” | Journalists and activists could face prosecution based on broadly defined “false news” laws. |
| Singapore | Offenses against “national harmony” | Expression deemed harmful to social cohesion could be subject to international scrutiny. |
These examples demonstrate how the Convention could be used to legitimize and expand existing forms of repression, effectively exporting authoritarian practices.
the Problem with Data Sharing
A key concern is the convention’s provisions on international data sharing. The requirement to collect and share electronic evidence for “serious crimes” lacks sufficient safeguards to protect privacy and due process. There’s a risk of “data dumping” – the indiscriminate transfer of vast amounts of personal data without adequate legal review.
Moreover, the Convention doesn’t adequately address the varying legal standards and human rights protections across different countries. Data shared with nations lacking robust legal frameworks could be misused or subjected to abuse. This creates a significant risk for individuals whose data is caught in this international network.
What Civil Society is Urging
the coalition of civil society organizations, including the EFF and Human Rights Watch, is calling on UN Member States to refrain from signing the convention in its current form. For those who choose to proceed, they urge the implementation of concrete safeguards to mitigate the potential harms. These include: