The Electronic Frontier Foundation (EFF), a digital rights group, joined by nearly two dozen other similar civil organizations, has appealed to the EU Commission (EC) regarding the developments around the UN’s Cybercrime Convention.
The reason for turning to the EU mere days ahead of the finalization of the controversial text, criticized as a threat to free speech and privacy, is the bloc’s own data protection framework (concerning personal data transfers).
In the letter, the signatories state that with the final negotiations looming (the UN Ad Hoc Committee on Cybercrime (AHC) session is scheduled for July 29-August 9), the EU Commission and delegates from EU’s member countries should urgently “push back on the draft convention’s (treaty’s) many flaws.”
We obtained a copy of the letter for you here.
Among those flaws, the letter mentions an excessively broad scope that is not accompanied by proper human rights and data protection provisions. If left as is, the treaty will give “intrusive surveillance powers” to those who implement the document.
The treaty has been in the works for a long time, ever since the UN General Assembly adopted a resolution paving its way in late December 2019. The many negotiating sessions have featured repeated criticism from organizations like EFF, which, judging by the letter, have remained unaddressed.
Those now appealing to the EU fear that if that remains the case even during the final meeting, the treaty will provide abusive practices carried out by various governments with “the veneer of international legitimacy.”
And if it can’t be fixed – EFF, Access Now, ARTICLE 19, and 18 other groups say – the draft should be rejected.
The letter lists, and expands on, the main concerns regarding the draft treaty as being overly broad in scope and legal uncertainty, insufficient protection for good-faith actors, lack of specific human rights safeguards, procedural measures, and law enforcement, as well as the issue of international cooperation.
“Despite the latest modifications, the revised draft fails to address our concerns and continues to risk making individuals and institutions less safe and more vulnerable to cybercrime, thereby undermining its very purpose,” the letter reads.
The EC and member states are urged to act with the goal of properly addressing these issues during the final negotiating session, in order to introduce what the rights groups see as necessary changes. Alternatively, they want the EU to block the treaty from reaching the UN General Assembly for adoption.
