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EFF, International Partners Appeal to EU Delegates to Help Fix Flaws in Draft UN Cybercrime Treaty That Can Undermine EU’s Data Protection Framework

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With the final negotiating session to approve the UN Cybercrime Treaty just days away, EFF and 21 international civil society organizations today urgently called on delegates from EU states and the European Commission to push back on the draft convention’s many flaws, from the excessively broad scope that will criminalize legitimate online expression to international cooperation provisions that can undermine the EU’s strong data protection framework.

The time is now to demand changes in the text to narrow the treaty’s scope, limit surveillance powers, and spell out data protection principles. Without these fixes, the draft treaty stands to give governments’ abusive practices the veneer of international legitimacy and should be rejected.

Letter below:

Urgent Appeal to Address Critical Flaws in the Latest Draft of the UN Cybercrime Convention


Ahead of the reconvened concluding session of the United Nations (UN) Ad Hoc Committee on Cybercrime (AHC) in New York later this month, we, the undersigned organizations, wish to urgently draw your attention to the persistent critical flaws in the latest draft of the UN cybercrime convention (hereinafter Cybercrime Convention or the Convention).

Despite the recent modifications, we continue to share profound concerns regarding the persistent shortcomings of the present draft and we urge member states to not sign the Convention in its current form.

Key concerns and proposals for remedy:

  1. Overly Broad Scope and Legal Uncertainty:

  • The draft Convention’s scope remains excessively broad, including cyber-enabled offenses and other content-related crimes. The proposed title of the Convention and the introduction of the new Article 4 – with its open-ended reference to “offenses established in accordance with other United Nations conventions and protocols” – creates significant legal uncertainty and expands the scope to an indefinite list of possible crimes to be determined only in the future. Th

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