August 10th, 2024

EFF's Concerns About the UN Cybercrime Treaty

The Electronic Frontier Foundation criticizes the proposed UN Cybercrime Convention for vague definitions that may criminalize legitimate activities, allowing extensive surveillance with weak safeguards, risking human rights violations, especially for marginalized groups.

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EFF's Concerns About the UN Cybercrime Treaty

The Electronic Frontier Foundation (EFF) has raised significant concerns regarding the proposed UN Cybercrime Convention, which it views as a potential tool for extensive surveillance and human rights abuses. The draft convention mandates cooperation among states in cybercrime investigations, allowing for the collection and sharing of electronic evidence with minimal human rights protections. EFF argues that the broad definition of cybercrime could criminalize legitimate activities, such as online expression and support for marginalized communities. The draft's expansive scope includes provisions that could lead to over-criminalization and invasive surveillance practices, undermining protections for freedom of expression and privacy. EFF emphasizes the need for clear definitions of cybercrime, limited evidence-gathering powers, and robust human rights safeguards, including judicial oversight and transparency in surveillance activities. The organization also highlights the risks posed to vulnerable groups, particularly LGBTQ+ individuals, due to the potential misuse of the convention's provisions. EFF calls for revisions to ensure that the treaty does not facilitate state abuse or transnational repression and that it protects the rights of individuals engaged in legitimate activities, such as security research and journalism.

- EFF criticizes the UN Cybercrime Convention for its broad and vague definitions that could criminalize legitimate activities.

- The draft allows extensive surveillance with weak safeguards, raising concerns about human rights violations.

- EFF urges for clear definitions of cybercrime and limitations on evidence-gathering powers to prevent abuse.

- The convention poses specific risks to marginalized groups, including LGBTQ+ individuals, due to potential misuse.

- EFF advocates for robust human rights protections and judicial oversight in any surveillance measures.

AI: What people are saying
The comments reflect a range of concerns and insights regarding the proposed UN Cybercrime Convention.
  • Many commenters express skepticism about the treaty's potential to empower those in power while undermining accountability and safety for individuals.
  • There are concerns about the vague definitions in the treaty that could lead to increased surveillance and potential human rights violations.
  • Some commenters highlight the historical context of international agreements and their implications for local laws and democracy.
  • Critics argue that the treaty may prioritize censorship over effectively addressing cybercrime.
  • Questions arise about the legitimacy of the treaty's origins, particularly its initiation by Russia.
Link Icon 15 comments
By @walterbell - 6 months
https://news.ycombinator.com/item?id=41237879

  When I was at EFF, we did try to get UN official accreditation, but China would consistently veto it.. I was EFF's international activist and later international director for a number of years.. more of the work than you'd imagine has a global side to it. This has been true since the days of [DMCA].. elements of which were rejected by the US Congress in the mid-Nineties, then policy-laundered through WIPO into the 1996 Copyright Treaty, which meant that it had to become law after the US Senate consented to it in 1999. (Treaties don't need the support of both houses in the US). EFF and other orgs at the time learned the lesson that regional and international agreements can often be an end-run around local democracy or norms -- and that local laws (from the DMCA to the GDPR) can have wider ramifications on a global network..

  EFF and partner groups often contribute to government and international proposals (a hundred-or-so of them have been involved in the cybercrime treaty process for many years [1] and I believe got it to a fairly good place before a last-minute push by some states to introduce more surveillance into it.)
[1] https://www.eff.org/deeplinks/2024/01/joint-statement-propos...

Earlier HN threads:

UN Cybercrime Convention To Overrule Bank Secrecy, 40 comments, https://news.ycombinator.com/item?id=41221403

UN cybercrime treaty unanimously approved, 50 comments, https://news.ycombinator.com/item?id=41210110

By @walterbell - 7 months
UN cybercrime treaty was unanimously approved by 200 countries this week.
By @photochemsyn - 6 months
The stationary bandit theory of government posits that organized crime cartels are in control of every single nation-state on the planet. E.g. the bandits in Akira Kurosawa's Seven Samurai (1954) who wait until the village completes its harvest before plundering them are the best model for the establishment of stable governments where the plundering is organized and relatively non-violent. After all, as Frank Herbert says in one of his Dune books, "A small minority in contol of a large majority is not unusual in history". Getting the other monkeys to get your food while you sit on your rear degenerating into slothfulness is a nice gig if you can get it, I suppose.

Of course, if all the other monkeys get wise to your game you're going to have to institute more violent measures to retain your position, and mass surveillance is a means to that end. Which is why the Saudis buy all that Israeli spyware, to keep their own population in line, right?

By @fngjdflmdflg - 6 months
By @spit2wind - 6 months
What's an ICT? The post doesn't define it yet, it appears their entire argument depends on understanding what it means.
By @aussieguy1234 - 6 months
The real criminals are the often the ones in power. This would make the world less safe and help real criminals commit crimes with impunity, by targeting those who would seek to hold them to account.
By @firesteelrain - 6 months
I like the fact that this is not a complaining article but actually put forward reasonable recommendations
By @pif - 6 months
Please, help me understand something!

Private, remote communication was not a thing until a couple of decades ago: how can we consider it a basic human right?

By @southernplaces7 - 6 months
Thank god it's just a UN resolution then. It's not as if anyone pays the least attention to them, much less actually applying one firmly.
By @bulatb - 6 months
This thread with all these comments (the ones up when I wrote this) was posted three days ago. Here's a post that referenced it then: https://news.ycombinator.com/item?id=41211151

Why is it back on the front page and posted "5 hours ago"? I'm not implying underhandedness or anything but I'd like to know why this happens. Anyone know?

These are the comments it got at the time:

https://news.ycombinator.com/item?id=41210091

https://news.ycombinator.com/item?id=41210379

https://news.ycombinator.com/item?id=41212594

https://news.ycombinator.com/item?id=41210086

https://news.ycombinator.com/item?id=41210905

By @commandlinefan - 6 months
Looks like, unsurprisingly, the resolution is more about mandating censorship than it is about curbing actual crime. I'm pretty pessimistic about the future of a free internet - there have been lots of attempts at censorship-resistant protocols, but they require widespread adoption. If they haven't already been adopted, I doubt they ever will.
By @acheong08 - 7 months
> Negotiations for this treaty began in 2022, initiated by a controversial proposal from the Russian Federation.

I would understand if this was coming from the states but why is the UN even considering such a proposal coming from Russia?

By @sambull - 6 months
sweet. now everyone gets to see what porn we view. build profiles on that, and use that sort of data to make decisions about us.