Recommendations from the Knowmad Institut to the UN Ad Hoc Committee on Cybercrime
The Knowmad Institut – European Institute for Multidisciplinary Studies on Human Rights and Science, committed to promoting human dignity and sustainable development, presents the following comments and recommendations for the updated text of the International Convention On Countering The Use Of Information And Communications Technologies For Criminal Purposes (A/AC.291/22/Rev.3). These recommendations are based on a detailed analysis of the convention draft, supplementary documents referenced as A/AC.291/25/Rev.1 and A/AC.291/27, and previous contributions from the Knowmad Institut to this distinguished committee (Recommendations for the 3rd Session; Recommendations for the 4th Session). Our focus is on ensuring that the convention protects human rights and dignity, promotes international cooperation, and adopts a balanced and effective approach to combating cybercrime. Find the Final Report Here.
Emphasizing Human Rights and Privacy
A key aspect of our recommendations is the explicit incorporation of protections for human rights and privacy within the convention. We urge the inclusion of references to established frameworks such as the International Covenant on Civil and Political Rights (ICCPR) to ensure that measures against cybercrime align with international human rights standards. This approach enhances the legitimacy and effectiveness of the convention’s measures.
Updating Definitions for Emerging Technologies
The rapidly evolving nature of technology requires precise and up-to-date definitions within the convention. We recommend including comprehensive definitions for emerging technologies such as Artificial Intelligence (AI), the Internet of Things (IoT), and blockchain. Additionally, we propose establishing a mechanism for the periodic review and update of these definitions to maintain the convention’s relevance and effectiveness.
Independent Monitoring and Evaluation
To maintain the integrity of the convention’s implementation, we propose the establishment of independent monitoring and evaluation mechanisms. Involving civil society organizations and other stakeholders in these processes will ensure fairness and respect for human rights. Such participation promotes transparency and accountability in the fight against cybercrime.
Preventive and Educational Measures
Combating cybercrime requires more than just criminalization; preventive measures and educational programs are essential. We advocate for the integration of provisions that increase public awareness about ICT security and the risks associated with cybercrime. This proactive approach can significantly reduce the incidence of cybercrime by fostering a more informed and vigilant society.
Clarifying Scope and Penalties
It is crucial to clearly define what constitutes interference and forgery in relation to electronic data and systems. Establishing proportional and effective penalties, consistent with the severity of the offenses, will ensure justice and deterrence. Additionally, special protections for minors and the promotion of international cooperation to combat online child abuse are critical components.
International Cooperation and Legal Harmonization
Effective international cooperation and legal harmonization among Member States are fundamental for a coordinated response to cybercrime. Clarifying jurisdiction and improving legal procedures will facilitate efficient investigations and prosecutions, thereby strengthening the global fight against cybercrime.
Data Protection and Fair Legal Processes
The transfer and protection of personal data during international collaborations must be managed with utmost care. We emphasize the need for clear regulations on data transfers and robust safeguards to prevent misuse. Additionally, establishing fair legal processes for extradition and mutual legal assistance, respecting human rights, is essential.
Support for Victims and Witnesses
Comprehensive support for victims of cybercrime, including counseling and legal assistance, is crucial. Implementing witness protection programs to shield whistleblowers and witnesses from retaliation ensures that individuals can testify without fear. These measures reinforce the convention’s commitment to human rights and justice.
Final Considerations
The Knowmad Institut urges the Ad Hoc Committee to consider these recommendations to ensure that the proposed convention not only effectively combats cybercrime but also respects and protects human rights and fundamental freedoms. Implementing these recommendations will promote balanced and effective international cooperation, ensuring human dignity and sustainable development.
Additionally, the convention must consider and mitigate any misuse of surveillance technologies. We are concerned that the convention’s approach could be interpreted and used to justify mass surveillance that infringes on fundamental rights to privacy and free movement, especially in the Global North, disproportionately affecting migrant and displaced populations. Clear and strict safeguards must be established to prevent the instrumentalization of these measures against vulnerable groups, ensuring that any action taken under this convention is conducted with full respect for human rights and fundamental freedoms, in accordance with the principles set out in the United Nations Charter.
Cybercrime is a phenomenon that can affect daily activities, compromise privacy, and violate the rights of those who use technologies and the internet. Given its breadth (from economic fraud to cyberbullying and the most severe crimes related to child sexual exploitation and others that gravely endanger and violate the rights and dignity of individuals), it is essential that the Comprehensive International Convention on the Fight Against the Use of Information and Communication Technologies for Criminal Purposes explicitly references international human rights frameworks, such as the United Nations International Covenant on Civil and Political Rights (ICCPR). This will ensure that measures against cybercrime align with international human rights standards, reinforce their legitimacy, and foster cooperation among Member States.
Conclusion
Our recommendations to the UN Ad Hoc Committee highlight the importance of a balanced approach to combating cybercrime. By integrating human rights protections, updating technological definitions, and promoting international cooperation, the convention can effectively address cybercrime while maintaining human dignity and sustainable development. We urge Member States to consider these recommendations to build a safe and just digital environment for all.
For a detailed view of our analysis and complete comments, read the full report here.
