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UN Cybercrime Draft Convention Dangerously Expands State Surveillance Powers

EFFThis is the third post in a series highlighting flaws in the proposed UN Cybercrime Convention. Check out Part I, our detailed analysis on the criminalization of security research activities, and Part II, an analysis of the human rights safeguards. “As we near the final negotiating session for the proposed UN Cybercrime Treaty, countries are running out of time to make much-needed improvements to the text. From July 29 to August 9, delegates in New York aim to finalize a convention that could drastically reshape global surveillance laws. The current draft favors extensive surveillance, establishes weak privacy safeguards, and defers most protections against surveillance to national laws—creating a dangerous avenue that could be exploited by countries with varying levels of human rights protections. The risk is clear: without robust privacy and human rights safeguards in the actual treaty text, we will see increased government overreach, unchecked surveillance, and unauthorized access to sensitive data—leaving individuals vulnerable to violations, abuses, and transnational repression. And not just in one country.  Weaker safeguards in some nations can lead to widespread abuses and privacy erosion because countries are obligated to share the “fruits” of surveillance with each other. This will worsen disparities in human rights protections and create a race to the bottom, turning global cooperation into a tool for authoritarian regimes to investigate crimes that aren’t even crimes in the first place. Countries that believe in the rule of law must stand up and either defeat the convention or dramatically limit its scope, adhering to non-negotiable red lines as outlined by over 100 NGOs. In an uncommon alliance, civil society and industry agreed earlier this year in a joint letter urging governments to withhold support for the treaty in its current form due to its critical flaws…”

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