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EFF: Draft UN convention on cybercrime remains too flawed

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The proposed document, with a critical final meeting scheduled for July 29 to August 9, 2024, poses a significant threat to global human rights unless major changes are made.

Human rights organizations, including the Electronic Frontier Foundation (EFF), are confident of this.

Despite two and a half years of discussions and seven negotiating sessions, states remain deeply divided on fundamental issues.

The proposed February 2024 draft raises concerns about possible violations of freedom of speech and the granting of sweeping surveillance powers.

The joint letter from more than 100 NGOs emphasizes that the Convention should not be adopted unless critical deficiencies are addressed, namely:

 • The convention should focus exclusively on cybercrimes.
 • Comprehensive human rights guarantees and protections must be provided for security researchers, whistleblowers, activists and journalists.
 • Mechanisms for respect of legality, non-discrimination, legitimate purpose, necessity, proportionality, transparency, effective remedy and prior judicial authorization need to be developed.
 • Direct sharing of personal data should be limited to a specific criminal investigation.
 • All cybercrime investigations must comply with minimum reliable standards and international human rights law.

Without meeting these minimum requirements, state delegations are invited to reject the draft Convention and not submit it for approval by the UN General Assembly.

As negotiations resume, it is important to address these concerns to avoid serious violations of citizens' rights.

Among those who expressed concern about the current version of the draft Convention are Human Rights Watch and Article 19, Privacy International, Global Partners Digital, Derechos Digitales, Microsoft. Also in February 2024, a joint statement from civil society and industry was published.


(text translation is carried out automatically)