1. The Budapest Convention (2001)

The Budapest Convention, formally known as the Convention on Cybercrime, is the first and most comprehensive international treaty addressing cybercrime. Established by the Council of Europe, it provides a framework for:

• Harmonizing cybercrime laws across nations.
• Enhancing investigative techniques.
• Improving international cooperation.

With over 60 signatories, including non-European nations like the United States, Japan, and Australia, the convention addresses offenses such as unauthorized access, data breaches, and online fraud.

Challenges:

• Lack of participation from major powers like China and India.
• Criticized for being Eurocentric and outdated in addressing evolving cyber threats.

2. The Malabo Convention (2014)

Adopted by the African Union, the Malabo Convention focuses on cybercrime and data protection. It establishes provisions for:

• Combating cybercrime.
• Protecting personal data.
• Encouraging capacity building and awareness.

Although promising, the convention faces limited ratification, with only a handful of African countries implementing its provisions.

3. The UN Cybercrime Treaty (Adopted November 2023)

The UN Cybercrime Treaty represents a significant milestone in global efforts to address cybercrime. Adopted by the United Nations General Assembly in November 2023, this treaty aims to establish a comprehensive framework to combat the use of information and communication technologies (ICT) for criminal purposes.

Key Provisions:

• Universal Definitions: The treaty provides universally agreed-upon definitions of key cybercrime offenses, including hacking, online fraud, child exploitation, and misuse of ICT for terrorism.
• Data Sharing Mechanisms: It establishes streamlined mechanisms for cross-border cooperation and digital evidence sharing.
• Capacity Building: The treaty emphasizes capacity building for developing nations, ensuring they can effectively combat cybercrime.
• Human Rights Safeguards: It includes provisions to balance state surveillance with privacy and freedom of expression, addressing concerns of overreach.

Global Impact:

• The treaty is expected to enhance collaboration between nations, especially for countries that are not signatories to the Budapest Convention.
• It promotes greater harmonization of laws, reducing jurisdictional conflicts in cybercrime investigations.

Challenges:

• The treaty saw differing opinions during negotiations, with Western nations favoring the existing Budapest Convention, while countries like China, Russia, and some developing nations advocated for the UN-led treaty.
• Implementation will require significant alignment of domestic laws with treaty provisions.

1. Russia-China Bilateral Agreement on Cybersecurity (2015)

In 2015, Russia and China signed a bilateral agreement on cooperation in ensuring international information security. The key highlights of this agreement include:

• Combatting Cybercrime: Both nations agreed to cooperate in combatting cybercrimes, including hacking and the use of the internet for terrorism and destabilizing activities.
• State Sovereignty in Cyberspace: The agreement emphasizes the principle that states have the sovereign right to regulate their domestic cyberspace without interference.
• Information Control: It also includes commitments to prevent the use of technology to undermine political stability in either country.
• Mutual Assistance: The two nations pledged mutual assistance in cybersecurity incidents and attacks originating from or targeting their respective territories.

2. The Russia-China Proposal at the UN

Russia and China have also been vocal about creating a UN-backed international cyber treaty that aligns with their vision of cyber sovereignty. This was part of their proposal titled the “International Code of Conduct for Information Security,” which they presented at the United Nations in 2011 and revised in 2015.

Key Objectives:

• State-Controlled Internet: Advocating for a state’s right to control information within its borders to protect national security and public order.
• Data Sovereignty: Emphasizing that data generated within a nation’s borders should be subject to its laws.
• Preventing Cyberattacks: Proposing measures to prevent the use of cyberspace for hostile purposes, including political subversion or cyberwarfare.

Reception:

• The proposal aligns closely with the domestic internet policies of Russia and China, which favor heavy regulation and censorship.
• Western nations and democratic countries criticize the proposal for undermining internet freedom and free expression, arguing it could legitimize internet censorship under the guise of “cybersecurity.”

3. Russia-China Alignment on the UN Cybercrime Treaty

During negotiations for the UN Cybercrime Treaty (adopted in 2023), Russia and China played a significant role in shaping the discussions. They advocated for:

• A treaty focused on sovereign control over domestic cyberspace.
• A less intrusive role for international bodies in domestic cyber policies.
• Provisions to counter the use of ICT for “subversive purposes,” which critics argue could justify state censorship.

Their efforts were supported by several other countries, particularly in the Global South, which share concerns about Western dominance in global internet governance.