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Joint Statement on the Proposed Cybercrime Treaty Ahead of the Concluding Session [1]

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Date: 2024-02

We, the undersigned organizations and individual experts call on the state delegations participating in the concluding session of the United Nations (UN) Ad Hoc Committee to ensure that the proposed Cybercrime Convention (the Convention) is narrowly focused on tackling cybercrime, and not used as a tool to undermine human rights. Absent meaningful changes to address these shortcomings, the Convention should be rejected.

Civil society groups have contributed time and expertise to improve the draft and fully align it with existing human rights law and standards, the principles of the UN Charter and the rule of law, as well as best practices to provide legal certainty in efforts to improve cybersecurity. Our concerns about the proposed text of the Convention are informed by our experience and human rights advocacy around the world. National and regional cybercrime laws are regrettably far too often misused to unjustly target journalists and security researchers, suppress dissent and whistleblowers, endanger human rights defenders, limit free expression, and justify unnecessary and disproportionate state surveillance measures.

Throughout the negotiations over the last two years, civil society groups and other stakeholders have consistently emphasized that the fight against cybercrime must not come at the expense of human rights, gender equality, and the dignity of the people whose lives will be affected by this Convention. It should not result in impeding security research and making us all less secure. Robust and meaningful safeguards and limitations are essential to avoid the possibility of abuse of relevant provisions of the Convention that could arise under the guise of combating cybercrime. Regrettably, the latest draft of the proposed Convention, which is due to be finalized by February 2024, fails to address many of our significant concerns. We believe that if the text of the Convention is approved in its current form, the risk of abuses and human rights violations will increase exponentially and leave us with a less secure internet.

We are particularly concerned that the latest draft of the Convention:

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[1] Url: https://freedomhouse.org/article/joint-statement-proposed-cybercrime-treaty-ahead-concluding-session

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