EFF’s Concerns About the UN Draft Cybercrime Convention

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The proposed UN Cybercrime Convention is an extensive surveillance pact that imposes intrusive domestic surveillance measures and mandates states’ cooperation in surveillance and data sharing. It requires states to aid each other in cybercrime investigations and prosecutions, allowing the collection, preservation, and sharing of electronic evidence for any crime deemed serious by a country’s domestic law, with minimal human rights safeguards. This cooperation extends even to countries with poor human rights records.  Negotiations for this treaty began in 2022, initiated by a controversial proposal from the Russian Federation. If adopted, it will rewrite surveillance laws worldwide. Millions of people, including human rights defenders, journalists, security researchers, and those speaking truth to power, will be affected. Without clear, enforceable safeguards, the treaty risks becoming a tool for state abuse and transnational repression rather than protecting human rights. Below are our main concerns. For a comprehensive list, please refer to our redlines and appeal to EU Delegates. 

EFF’s Key Concerns  

The Title of the Draft Convention is Misleading and Problematic: Cybercrime is a real issue but equating it with any crime involving ICTs is conceptually and practically harmful. Recent efforts at the domestic level to broaden its definition have led to the criminalization of legitimate activities, such as online criticism, religious expression, or LGBTQ support. In the proposed treaty, it encourages expansive interpretations that could lead to human rights abuses and transnational repression. Recommendation: Restrict the definition to “core cybercrimes” like technical attacks on computers, devices, data, and communications systems. Exclude human rights-protected activities from the scope of the treaty to prevent misuse and ensure these rights are not

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