EFF Calls for Limiting Mandatory Cooperation, Safeguarding Human Rights in International Cybercrime Investigations as Talks Resume for Proposed UN Cybercrime Treaty

In a new round of talks this week to formulate a UN Cybercrime Treaty, EFF is calling for strictly limiting the scope of the convention’s international cooperation provisions and safeguards to ensure that states respect human rights when responding to legal assistance requests.

EFF is among a group of digital and human rights organizations participating in the UN-convened talks, which started in February. A third round of discussions that began yesterday in New York focuses on the scope of the treaty’s cooperation and mutual assistance provisions. The goal is to work towards finding consensus on the extent to which governments should cooperate and provide legal assistance to each other in cybercrime investigations.

On the table are extremely serious and contentious issues about the contours of cooperation among international law enforcement agencies for accessing user data in territories outside their own, respecting existing mutual assistance agreements, navigating national laws governing criminal investigations, and, importantly, ensuring privacy and human rights protections are included and prioritized.

Early work on the treaty has demonstrated that finding consensus about even baseline matters, such as the definition of cybercrime and what crimes should be covered by the convention, is challenging.

The first meeting of the  Ad-Hoc Committee Secretariat from the UN Office on Drugs and Crime, the UN-convened committee of over

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