EFF's Concerns About the UN Draft Cybercrime Convention
canopic jug writes:
The Electronic Frontier Foundation (EFF) has has commented on the a draft of an International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes:
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 unjustly targeted due to equating cybercrime with any crime using ICT.
Expansive Scope and Over-Criminalization Risks: The draft Convention's criminalization chapter dangerously broadens its scope by including crimes like "grooming" and CSAM, not just cybercrimes. Its CSAM definition risks criminalizing consensual conduct between minors. Even worse, a proposed Protocol could add two more Ad Hoc sessions to discuss even more crimes, further expanding its broad scope. Recommendation : Criminalization must be limited to Articles 7 to 11. Narrow the scope of the CSAM article to target only intentional, malicious actions, exclude from criminalization consensual activity between minors, make exemptions for self-generated content by minors mandatory, ensure financing provisions target only those knowingly involved in illegal activities, and exclude the public interest use of such materials, such as evidence in crime investigations, and scientific or artistic materials.
The organization Human Rights Watch (HRW) already weighed in back in January with similar concerns.
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