Session
Organizer 1: Cristian Leon, Al Sur
Organizer 2: Jamila Venturini, Derechos Digitales
Organizer 3: Veridiana Alimonti, Electronic Frontier Foundation
Organizer 4: Bruna Santos, Alexander von Humboldt Stiftung
Speaker 1: Michel Souza, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 2: Veridiana Alimonti, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 3: Andreas Gruber, Private Sector, Western European and Others Group (WEOG)
Speaker 4: Chloé Berthelemy, Civil Society, Western European and Others Group (WEOG)
Speaker 5: Cristian Leon, Civil Society, Latin American and Caribbean Group (GRULAC)
Cristian Leon, Civil Society, Latin American and Caribbean Group (GRULAC)
Cristian Leon, Civil Society, Latin American and Caribbean Group (GRULAC)
Bruna Santos, Civil Society, Latin American and Caribbean Group (GRULAC)
Round Table - Circle - 90 Min
What are the practical challenges and human rights implications of law enforcement authorities directly ordering service providers located in another territory to produce information and how can it impact domestic safeguards?
Which concerns the Budapest Convention and its Second Additional Protocol raise in terms of balancing law enforcement powers and human rights safeguards?
What role do civil society and the private sector have in avoiding negative impacts of the Budapest Cybercrime Convention and its Second Additional Protocol?
Connection with previous Messages:
16.3
16.6
16.8
16.a
17.6
Targets: Our session aims to foster human rights compliance and equitable access to justice. We seek to promote a deeper perspective on how international instruments can be more respectful of basic human rights such as privacy and data protection while strengthening tools to fight cybercrime.
Description:
The 2001 Council of Europe's (CoE) Cybercrime Convention (also known as the Budapest Convention) has been influential across Latin America and Europe as the first international treaty addressing internet and computer crime by harmonizing national laws. The Budapest Convention has acted as a model for cybercrime regulation and production of electronic evidence in various countries in the region.
Since 2018, digital rights activists and organizations from all over the world have demanded space for civil society expert input into discussions on the Second Additional Protocol to the Budapest Convention. Despite several attempts of participation and alerts by global civil society, a final text was approved leaving untouched many of the most problematic provisions.
While new discussions on cybercrime advance at the global level, civil society organizations (CSOs) such as the Electronic Frontier Foundation (EFF), the Al Sur consortium of 11 CSOs that defend digital rights and Derechos Digitales have worked together to produce evidence and raise new concerns regarding the influence of the Budapest Cybercrime Convention in Latin America and the potential negative impacts of its Second Additional Protocol. They have established relevant dialogues with private actors and organizations from different parts of the world, including EuroISPA, the pan European organization of national ISP associations, representing over 2000 ISPs from all across Europe.
This session will discuss the potential effects of the Second Additional Protocol as well as the learnings from the negotiation process, taking into account Latin American and European perspectives and trying to identify spaces for shared learning and multi-stakeholder collaboration, as well as contextual particularities that should be taken into account in global policy debates. First, panelists will set the scene on the situation of many Latin American countries and the EU by exploring how this global cyber norm is impacting national discussions and policies on cybercrime and cross-border access to information.. Second, the session will explore strategies to mitigate negative implications in the national implementation of the protocol.
Organizers expect that this session allows different stakeholders from Latin America and Europe to raise awareness about the dangers the Second Additional Protocol to the Budapest Convention may represent to human rights and collectively identify advocacy strategies and opportunities that can be adopted at the national level.
We will produce a blog post in the pages of Al Sur, EFF and other organizations that participate and map together strategies and opportunities.
Afterwards, we expect to foster a stronger alliance between Al Sur, Electronic Frontier Foundation, EDRi and EuroISPA.
Hybrid Format: In order to have a better interaction between onsite and online speakers and attendees we will gather comments and questions through the tool Mentimeter. In this way, this comment will be available and visible to both onsite and online attendees so they can participate alike.
Usage of IGF Official Tool.