The Global Network Initiative (GNI) welcomes the opportunity to participate in the European Commission’s call for evidence on ensuring a common EU approach in view of the negotiations for the rules of procedure of the future Conference of the States Parties and on a draft protocol to the United Nations Convention against Cybercrime, to ensure the compatibility of this international agreement, once concluded, with EU law. GNI and its members have long been involved in shaping approaches to cybercrime that protect human rights, including actively participating in the analysis and negotiation of the UN Convention against Cybercrime (UNCC).
Throughout the negotiations of the UNCC, non-governmental stakeholders, including organisations representing civil society and industry perspectives from within and outside of the EU, played a critical role in providing evidence, pushing back against problematic proposals, and supporting constructive positions. Most of these organisations shared a common, foundational understanding that efforts to counter cybercrime must be undertaken in a manner consistent with fundamental rights and due process principles set out in international human rights law. These positions are consistent with the fundamental values enshrined in the Charter of Fundamental Rights of the EU and the European Convention on Human Rights, and were generally in line with the negotiating positions taken by the EU.
As industry and civil society stakeholders have pointed out, the existing text of the UNCC contains provisions that are overbroad and lack sufficient safeguards to protect against the risks that cybercrime laws inspired and enforcement facilitated by the Convention could have significant, negative impacts on human rights. Because certain non-democratic states remain keen to further expand the scope of the UNCC through the supplemental protocol, GNI remains convinced of the importance of focusing those negotiations instead on strengthening the Convention’s human rights safeguards and protections.
GNI also urges the Commission to settle the matter of stakeholder participation in the Conference of the States Parties (CoSP) before allowing substantive negotiations on supplemental protocols to proceed. This participation must be substantive rather than symbolic. Input from civil society and technical experts helps align operational guidance with the principles of necessity, proportionality, and transparency. The arrangements CoSP adopts should be at least as strong as those under which stakeholders took part in negotiating the Convention (i.e., the UNCC Ad-Hoc Committee).
GNI shares the Commission’s commitment to more effective international cooperation against cybercrime. Many GNI members contribute directly to capacity-building and technical assistance toward that goal. GNI looks forward to further opportunities to work with the Commission and the Member States, and stands ready to contribute its expertise as this process continues.
About the Global Network Initiative
GNI is the leading multistakeholder forum for accountability, shared learning, and collective advocacy on government and company policies and practices at the intersection of technology and human rights. GNI’s brings over 125 academics, civil society organizations, tech companies, and investors, to advance freedom of expression and privacy. Learn more about our approach here.