The Proposed UN Cybercrime Treaty and a Path Forward

By John Bandler

Published May 25, 2023, Law.com and the New York Law Journal

In April [of 2023], further meetings occurred regarding Russia’s proposed and controversial United Nations Treaty on Cybercrime. The treaty ostensibly aims to improve the prevention, investigation and prosecution of cybercrime around the globe and facilitate cooperation between nation-states.

Many critics, however, are deeply skeptical and have expressed fears...

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Focus on theft

The path to building common understanding and then treaties to fight cybercrime is a focus on the heart of the criminal activity, which is theft and trespass. Most cybercrime is just about theft. Computers and the internet allowed theft to became international. That is the problem and why international treaties and cooperation is needed.

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Criminalizing speech and expression

A common criticism is the treaty in present form could be used to cudgel and suppress speech and expression, especially by countries that do not value it. It would allow repressive countries to obtain evidence and coerce legal cooperation to investigate speech that is protected by international law and the law of most countries.

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Read the whole article, hosted here with permission of ALM (Law.com and New York Law Journal) Bandler NYLJ The Proposed UN Cybercrime Treaty Path Forward New York Law Journal 2023-5-25

Or find it on Law.com at https://www.law.com/newyorklawjournal/2023/05/25/the-proposed-un-cybercrime-treaty-and-a-path-forward/  (paywall)

Note: This article was published in May 2023, about a proposed international treaty, and a proposed treaty is not law. The article has some helpful takeaways regarding strategy for fighting cybercrime internationally, but otherwise may be dated and discuss proposals that did not become law.

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Page created 5/25/2023. Updated 4/27/2024.