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The new international cybercrime treaty won’t protect us, instead endangers our rights

In February 2024, after three years of negotiations, the United Nations (UN) will present a new international treaty to fight cybercrime. However, expert organizations and activists from around the world warn that the document contains significant flaws that could be used to justify human rights abuses. With little time left before negotiations wrap up, States have been unable to ensure a set of minimum requirements for the agreement to guarantee democratic coexistence and respect for fundamental rights.

The treaty gets several things wrong. In its current form, the agreement lacks sufficient human rights safeguards to prevent it from being used to restrict civil and political rights, such as freedom of speech online. It also lacks effective gender perspective, opening the door to the persecution of women and LGBTQI people, as shown in a study conducted by Derechos Digitales and APC.

On the contrary, currently the broad scope of treaty could limit freedom of speech by punishing legitimate speech under the guise of fighting cybercrime, as extensively warned by international human rights organizations. Furthermore, the agreement justifies the implementation of greater capabilities for state surveillance of online activities and facilitates cooperation between States for gathering and sharing personal information on citizens, without the controls needed to prevent abuses, and for the investigation of “serious” crimes defined by national laws, even if they contradict human rights laws. This could include, for example, revealing personal identities or metadata by applying problematic domestic laws to acts like raising a rainbow flag, being LGBTQ+, or insulting a monarch in social media.

In its current version, the cybercrime treaty, far from being a tool that guarantees people greater security online, has become a threat to the exercise of human rights, both in countries with fragile democracies and in those with a history of techno-authoritarianism.

An international cybercrime treaty drafted at the UN cannot disregard the due defense and promotion of human rights. We issue a call to States not to make this mistake and, when they adopt a tool for prosecuting computer-related crimes, to ensure it guarantees each person the full exercise of their fundamental rights.

Why do we oppose the new international cybercrime treaty?

  1. The cybercrime treaty currently being negotiated at the United Nations lacks robust human rights safeguards, which will allow it to be invoked to prosecute and punish legitimate acts, such as expressing political dissent.

  2. The cybercrime treaty promoted by the United Nations does not effectively mainstream gender. This facilitates criminalizing women and LGBTQIA+ people, undermining the struggle for equal rights.

  3. The cybercrime treaty includes crimes that infringe on freedom of expression, as various international organizations have warned. This is contrary to the UN mission: a treaty cannot be approved that legitimizes human rights violations.

  4. The cybercrime treaty being negotiated at the United Nations legitimizes government surveillance of online activities for the investigation of any crime, cyber or not, and even if those are inconsistent with human rights law. It facilitates cooperation between States for collecting and sharing personal information on citizens, without adequate safeguards to prevent police abuse of power.

  5. In its current form, the cybercrime treaty, far from being a tool that guarantees people greater security online, has become a threat to the exercise of human rights, particularly in countries with fragile democracies and histories of authoritarianism.

What requirements should an international cybercrime treaty meet?

These provisions are essential to any international regulation of cybercrime, particularly one drafted at the United Nations. Without them, the process should not continue.

What can you do to help ensure the United Nations cybercrime treaty guarantees human rights?

We need you! At this stage in the process your help is essential in sharing information and raising awareness about the dangers the cybercrime treaty in its current form represents, as well as the need for it to incorporate a robust human rights perspective. To do this, you can:

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