The UN Cybercrime Draft Convention is a Blank Check for Surveillance Abuses

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This is the first post in a series highlighting the problems and flaws in the proposed UN Cybercrime Convention. Check out our detailed analysis on the criminalization of security research activities under the proposed convention.

The United Nations Ad Hoc Committee is just weeks away from finalizing a too-broad Cybercrime Draft Convention. This draft would normalize unchecked domestic surveillance and rampant government overreach, allowing serious human rights abuses around the world.

The latest draft of the convention—originally spearheaded by Russia but since then the subject of two and a half years of negotiations—still authorizes broad surveillance powers without robust safeguards and fails to spell out data protection principles essential to prevent government abuse of power.

As the August 9 finalization date approaches, Member States have a last chance to address the convention’s lack of safeguards: prior judicial authorization, transparency, user notification, independent oversight, and data protection principles such as transparency, minimization, notification to users, and purpose limitation. If left as is, it can and will be wielded as a tool for systemic rights violations.

Countries committed to human rights and the rule of law must unite to demand stronger data protection and human rights safeguards or reject the treaty altogether. These domestic surveillance powers are critical as they underpin international surveillance cooperation.

EFF’s Advocacy for Human Rights Safeguards

EFF has consistently advocated for human rights safeguards to be a baseline for both the criminal procedural measures and international cooperation chapters. The collection and use of digital evidence can implicate human rights, including privacy, free expression, fair trial, and data protection. Strong safeguards are essential to prevent government abuse.

Regrettably, many states already fall short in

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