The United Nations has released a draft of the United Nations Convention against Cybercrime, marking a significant step towards enhancing global efforts to combat cybercrime. This comprehensive framework aims to strengthen international cooperation, provide technical assistance, and build capacity, especially in developing countries. Here’s a summary of the key points:
Key Highlights of the Draft Convention
Preamble
- Acknowledges the potential of information and communications technologies (ICT) for societal development and the risks they pose for criminal activities.
- Emphasizes the need for global criminal justice policies to protect society against cybercrime.
- Stresses the importance of international cooperation, technical assistance, and capacity-building, especially for developing countries.
General Provisions
- Purpose: To promote and strengthen measures to prevent and combat cybercrime, facilitate international cooperation, and support technical assistance and capacity-building.
- Definitions: Key terms like “ICT system,” “electronic data,” “traffic data,” “content data,” and “service provider” are defined.
Criminalization
- Illegal Access: Unauthorized access to ICT systems.
- Illegal Interception: Unauthorized interception of non-public electronic data transmissions.
- Data Interference: Damaging, deleting, altering, or suppressing electronic data.
- System Interference: Hindering the functioning of ICT systems.
- Misuse of Devices: Producing, selling, or using devices for committing cybercrimes.
- ICT-related Forgery and Fraud: Inputting false data or causing loss of property through ICT systems.
- Offences Related to Child Sexual Abuse Material: Producing, distributing, or accessing child sexual abuse material online.
- Solicitation or Grooming: Communicating with a child for the purpose of committing a sexual offence.
- Non-consensual Dissemination of Intimate Images: Sharing intimate images without consent.
Procedural Measures and Law Enforcement
- Expedited Preservation: Measures for the quick preservation of electronic data.
- Production Orders: Compelling individuals or service providers to submit specified electronic data.
- Search and Seizure: Accessing and securing electronic data.
- Real-time Collection: Collecting traffic and content data in real-time.
- Freezing and Confiscation: Measures for freezing, seizing, and confiscating proceeds of crime.
International Cooperation
- Mutual Legal Assistance: States are to assist each other in investigations, prosecutions, and judicial proceedings.
- Extradition: Provisions for extraditing individuals for cybercrime offences.
- Joint Investigations: States may establish joint investigative bodies for cybercrime cases.
- 24/7 Network: Establishing a point of contact available 24/7 for immediate assistance in cybercrime investigations.
Preventive Measures
- Public Awareness: Promoting awareness about cybercrime.
- Capacity Building: Training and developing expertise among criminal justice practitioners.
- Cooperation with Private Sector: Encouraging service providers to enhance security measures.
Technical Assistance and Information Exchange
- Technical Assistance: Providing training and other forms of assistance to developing countries.
- Information Exchange: Sharing information on trends, statistics, and best practices related to cybercrime.
Implementation and Final Provisions
- Conference of the States Parties: Establishing a conference to promote and review the implementation of the convention.
- Secretariat: The UN Secretary-General will provide necessary secretariat services.
- Amendments and Protocols: Provisions for adopting amendments and supplementary protocols to the convention.
Comparison with the Budapest Convention on Cybercrime
The Budapest Convention on Cybercrime, also known as the Council of Europe Convention on Cybercrime, was the first international treaty to address Internet and computer crime. Here’s how the new UN draft compares:
Scope and Objectives
- Budapest Convention: Focuses on harmonizing national laws, improving investigative techniques, and increasing cooperation among nations.
- UN Draft Convention: Expands on these objectives by emphasizing technical assistance and capacity-building, particularly for developing countries.
Criminalization
- Both conventions criminalize similar activities such as illegal access, data interference, and system interference. However, the UN draft includes more specific provisions on ICT-related forgery and fraud, and non-consensual dissemination of intimate images.
Procedural Measures
- Budapest Convention: Includes measures for expedited preservation of data, production orders, and real-time collection of traffic data.
- UN Draft Convention: Builds on these measures with additional provisions for freezing and confiscation of proceeds of crime.
International Cooperation
- Both conventions emphasize mutual legal assistance and extradition. The UN draft further strengthens international cooperation by establishing a 24/7 network for immediate assistance in cybercrime investigations.
Preventive Measures and Technical Assistance
- The UN draft places a stronger emphasis on public awareness, capacity building, and cooperation with the private sector. It also includes detailed provisions for technical assistance and information exchange, which are less prominent in the Budapest Convention.
The release of this draft marks a significant milestone in the global fight against cybercrime. By building on the foundations laid by the Budapest Convention, the new UN draft aims to create a more inclusive and comprehensive framework to address the evolving challenges of cybercrime.
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one hand washes the other and both the face. ex German military Lieutenant Colonel , international affairs. owning couple companies. dealing with 10ppm, Benzin, LPG-LNG, helicopters, aircrafts, spare parts, etc.
3 个月UN...really? When did they take of their own crimes? They're just interested in controlling the people but not in avoiding crime, if they would be interested in avoiding cyber crime, they would first step delete child pornografic stuff, but as we all know they're doing nothing against it, but when some citizens post something about the big CORONA HOAX than it's immediately deleted and cops ringing at his door.... Everyone in the UN should be arrested immediately......