Session
Organizer 1: Civil Society, Western European and Others Group (WEOG)
Speaker 1: Jason Pielemeier, Civil Society, Western European and Others Group (WEOG)
Speaker 2: Ian Barber, Civil Society, Western European and Others Group (WEOG)
Speaker 3: Nenden Sekar Arum, Civil Society, Asia-Pacific Group
Speaker 4: Robyn Greene, Private Sector, Western European and Others Group (WEOG)
Speaker 2: Ian Barber, Civil Society, Western European and Others Group (WEOG)
Speaker 3: Nenden Sekar Arum, Civil Society, Asia-Pacific Group
Speaker 4: Robyn Greene, Private Sector, Western European and Others Group (WEOG)
Format
Roundtable
Duration (minutes): 90
Format description: The “roundtable” format will allow us to draw input from a wide range of stakeholders representing different geographic and subject-matter perspectives and expertise. Given the history and detailed provisions of the UN Convention Against Cybercrime, we believe 90 minutes would be optimal in order for us to spend 30 minutes level setting knowledge across participants before going into detailed discussions around how to engage in the next steps around Convention implementation and possible protocols.
Duration (minutes): 90
Format description: The “roundtable” format will allow us to draw input from a wide range of stakeholders representing different geographic and subject-matter perspectives and expertise. Given the history and detailed provisions of the UN Convention Against Cybercrime, we believe 90 minutes would be optimal in order for us to spend 30 minutes level setting knowledge across participants before going into detailed discussions around how to engage in the next steps around Convention implementation and possible protocols.
Policy Question(s)
A. What lessons can be learned from the multiyear negotiations that have taken place to date under the Ad Hoc Committee on Cybercrime?
B. How will the UNCC change the existing authorities and capabilities of law enforcement?
C. What are the key issues that remain to be decided - both in the context of any supplementary protocols to the UNCC and within national laws implementing it - in order to determine whether the UNCC meets its objectives regarding both the mitigation of cybercrime and upholding human rights?
What will participants gain from attending this session? This session will raise awareness about a new UNCC that will be debated and potentially implemented within domestic legal frameworks over the next several years. Our goals for this session are: (1) examine the history of the UNCC to date, to better understand what it means for multilateral and multistakeholder cooperation on cyber and digital issues; (2) help participants understand how the Convention could be used to both strengthen and weaken the rights of individuals around the world; and (3) encourage a broad cross-section of stakeholders to engage in the Ad Hoc Committee discussions on the draft rules of procedure for the Conference of the States Parties and negotiations on a draft protocol to the UNCC, as well as on domestic debates around ratification and implementation.
Description:
With the adoption of the Convention Against Cybercrime (UNCC), national approaches to cybercrime legislation stand at a critical juncture. In the coming months and years, countries will ratify and begin to implement the UNCC and, at the same time, evaluate their engagement with other frameworks such as the Council of Europe’s “Budapest” Cybercrime Convention. While the UNCC seeks to establish a global framework to combat cybercrime and enhance international cooperation, its domestic implementation may pose significant risks to human rights, particularly in countries with weak democratic safeguards or ongoing digital repression. Some governments have increasingly used cybercrime as a pretext to enhance surveillance authorities and curtail freedom of expression through selective enforcement of vague and overly broad offences. At-risk groups such as LGBTQ+, women, human rights defenders, religious minorities, and journalists are often targeted in these scenarios. In addition, there is a clear risk that – notwithstanding human rights provisions in the UNCC – international cooperation provisions could be leveraged for increased transnational repression. The upcoming development of an additional protocol to the UNCC that could further expand the definition of cyber-enabled offences creates further risks, particularly if a broader set of stakeholders are unable to effectively engage in its negotiation. This session will bring together civil society, governments and the private sector to examine the UNCC and its potential impacts on human rights and international cooperation. It will focus on sharing insights on past negotiations, existing best practice, risks and opportunities in implementation, and strategies for engagement moving forward.
With the adoption of the Convention Against Cybercrime (UNCC), national approaches to cybercrime legislation stand at a critical juncture. In the coming months and years, countries will ratify and begin to implement the UNCC and, at the same time, evaluate their engagement with other frameworks such as the Council of Europe’s “Budapest” Cybercrime Convention. While the UNCC seeks to establish a global framework to combat cybercrime and enhance international cooperation, its domestic implementation may pose significant risks to human rights, particularly in countries with weak democratic safeguards or ongoing digital repression. Some governments have increasingly used cybercrime as a pretext to enhance surveillance authorities and curtail freedom of expression through selective enforcement of vague and overly broad offences. At-risk groups such as LGBTQ+, women, human rights defenders, religious minorities, and journalists are often targeted in these scenarios. In addition, there is a clear risk that – notwithstanding human rights provisions in the UNCC – international cooperation provisions could be leveraged for increased transnational repression. The upcoming development of an additional protocol to the UNCC that could further expand the definition of cyber-enabled offences creates further risks, particularly if a broader set of stakeholders are unable to effectively engage in its negotiation. This session will bring together civil society, governments and the private sector to examine the UNCC and its potential impacts on human rights and international cooperation. It will focus on sharing insights on past negotiations, existing best practice, risks and opportunities in implementation, and strategies for engagement moving forward.
Expected Outcomes
The session organizers are actively engaged in organizing activities around both national-level implementation of the Convention, and on-going negotiations in the context of the Ad-Hoc Committee. We believe the IGF provides a unique and timely opportunity to:
1. Inform participants about and discuss the negotiating history of the UNCC and what it means for multilateral and multistakeholder cooperation on other cyber and digital issues.
2. Encourage participants to pay attention to and document the impacts that the UNCC, in order to provide an evidence-base for holding States accountable to their commitments and impact ongoing negotiations around supplemental protocols.
3. Inform participants about what actions they can take to help shape the next steps around the UNCC.
We will include participants in our ongoing work to share information, develop resources, and coordinate engagement in these processes after the IGF.
Hybrid Format: The session will include a virtual moderator, who will work together with the in-person moderator to ensure robust engagement from virtual, as well as in-person participants. Mirroring the approach taken at NETMundial and other multistakeholder events, we will proactively invite a wide range of diverse participants to attend the session, ask for participants to self identify what constituencies they belong to, and instruct moderators to alternate across those groups to ensure that all constituencies are given equal opportunity to participate.