UN Committee To Begin Negotiating New Cybercrime Treaty Amid Disagreement Among States Over Its Scope

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As a UN-convened committee of government experts from around the world gets ready to begin negotiations to draft a Cybercrime Treaty,  there’s a pronounced lack of consensus among UN member states about what constitutes a “cybercrime” and how expansive the treaty will be. After years of discussion, the UN General Assembly voted to begin negotiating a Cybercrime Treaty that has potential to reshape policing on a global scale, with serious implications for human rights. UN Resolution 74/247 created the Ad Hoc intergovernmental committee who will draft the proposed treaty. The committee is scheduled to hold its first negotiating session from February 28th to March 11, 2022.

As a UN-convened committee of government experts from around the world gets ready to begin negotiations to draft a Cybercrime Treaty,  there’s a pronounced lack of consensus among UN member states about what constitutes a “cybercrime” and how expansive the treaty will be.

Most states agree on the inclusion of so-called “pure” cybercrimes like network intrusion or interference with the operation of a computing system. But a broader range of ‘cyber-enabled’ crimes— such as fraud or drug trafficking that do not inherently target information and communications technologies but where Information and Communication Technology (ICTs) occasionally play a significant role—are also on the table. Other states warn that the treaty must remain focused on cybercrime and avoid delving into broader issues of national security, cybersecurity, or cyberwarfare. 

Our analysis of early submissions to the UN Ad Hoc committee from interested UN Member States begins to paint a picture of what this treaty might ultimately include. 

Is it Just About Crime?

A number of states have expressed concerns that the treaty might ultimately include everything from cyberwarfare, to national security, to a new set of rules for internet governance. These concerns have prompted comments that the treaty should remai

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