As UN cracks down on cybercrime, privacy groups say human rights are being violated

Global agreement on criminal use of computer technology moves forward, despite concerns. (Photo: Bloomberg)

4 minutes of reading Last update: August 10, 2024 | 6:35 AM IST

A global agreement on criminal use of computer technology is moving forward despite concerns that it will enable governments around the world to abuse human rights by interrogating electronic communications and bypassing privacy safeguards.

Nearly 200 countries approved the United Nations Convention against Cybercrime on Thursday afternoon at a special commission meeting that capped months of complicated negotiations. The treaty, which is expected to be approved by the General Assembly within months, creates a framework for nations to cooperate in combating Internet-related crimes, including illegal access to and interception of computer information; electronic eavesdropping; and online child sexual exploitation.

Like outer space and even some areas of the deep sea, cyberspace is a relatively new area of regular human activity, and many governments and businesses are struggling to keep up with the changes.

The convention expected at the General Assembly later this year began with a Russian initiative several years ago, and critics said they saw Russian roots in much of the treaty’s oppression-friendly language. Libertarians and business groups that opposed the treaty helped fill the conference room where it was negotiated.

Many cited examples of possible flaws, such as the case against Rappler, a Philippine online news site that angered former President Rodrigo Duterte with critical coverage of his deadly crackdown on illegal drugs and alarming human rights record. Founded by 2021 Nobel Peace Prize co-winner Maria Ressa, libertarians said the site was the type that would be vulnerable to attacks around the world under the new treaty, but supporters, including the Biden administration, said the deal reflected the interests of the United States and its allies.

The Biden administration said the measure balances privacy concerns with the need for every country to prosecute criminal activity around the world.

We see this convention as a means to expand global law enforcement cooperation, a senior U.S. administration official familiar with the negotiation process told reporters Friday. The official said the U.N. negotiation process has produced significant improvements to the treaty.

“We wanted to find a balance, and we believe we have achieved it, between law enforcement powers and human rights powers,” the official said.

Other participants in the negotiation process praised the agreement’s approval by consensus after more than five years of discussions that were marked by disagreements among countries over whether the convention would be relatively liberal or include tougher language requested by countries like Iran. Business groups in particular called the treaty too vague and open to abuse.

In addition to representatives from nearly 200 countries, negotiations on the convention included Amazon, Microsoft, the International Chamber of Commerce, the United States International Business Council and other groups that believe the agreement is a pretext for state interference in private enterprise.

The agreement allows the two countries to work together to combat serious technology-related crimes, said Nick Ashton-Hart, spokesman for the Cybersecurity Tech Accord, a group of 158 technology companies.

Private companies, international civil rights groups and electronic freedom advocates say the United Nations label attached to the convention could become a cover for repressive states seeking to prosecute people who use the Internet in ways they don’t like.

Katitza Rodrguez, global privacy policy director at the Electronic Frontier Foundation, says this is a hollow check for abuse because the scope of domestic and cross-border espionage and surveillance is so broad and lacks solid checks and balances.

The 39-page UN convention begins with a portrait of a world in which communications technology has the potential to increase the scale, speed and scope of terrorism and transnational organised crime, including trafficking in arms, weapons, people and illicit goods. It calls for a global criminal justice policy that aims to protect society from cybercrime.

Among other things, it prohibits electronic eavesdropping or hacking without government consent. This lawless language was one of several points that rights advocates tried to remove during negotiations, arguing that it gave governments too much power to decide which systems were closed.

Once approved by the General Assembly, the treaty becomes law once it has been approved by 40 states.

Ashton-Hart said the final outcome would do nothing to make the internet safer and would serve as a justification for repression.

He added that this will now happen more often because countries that want to do so can invoke the UN treaty to justify cooperating in the fight against repression.

(Only the headline and image of the report may have been edited by the Business Standard team; the rest of the content is automatically generated from a syndicated feed.)

First published: August 10, 2024 | 6:35 AM IST