UN Convention on Cybercrime: Threat to fundamental digital rights

The German Computer Science Society welcomes the creation of a global legal framework to combat cybercrime by the United Nations, but criticizes serious deficiencies that significantly endanger the protection of fundamental digital rights and calls for substantial improvements.

The United Nations Ad Hoc Committee on Cybercrime adopted a convention on cybercrime (UN Cybercrime Convention) in mid-August, supporting an agreement proposed by Russia that is to be adopted by the General Assembly in September. The convention creates a legal framework for cybercrime and data access at the global level for the first time.

The German Informatics Society (GI) fundamentally welcomes the creation of a global legal framework to combat cybercrime.

However, they strongly criticise the fact that, despite intensive international negotiations and numerous warnings from civil society, the Convention continues to contain serious deficiencies that significantly endanger the protection of fundamental digital rights.

Christine Regitz, President of the GI: “The current draft of the Convention may lead to setbacks in the protection of fundamental digital rights. While the fight against cybercrime is undoubtedly necessary, we must not allow it to be carried out at the expense of fundamental civil liberties. This Convention opens the door to far-reaching surveillance measures and abusive law enforcement.”

Martin Weigele, GI Working Group on Data Protection and IT Security: “We call on the international community and the German government in particular to work towards improvements to the UN Cybercrime Convention. We must ensure that protection against cybercrime does not come at the expense of fundamental digital rights. A balance between security and freedom is essential to maintaining trust in the digital world.”

The GI considers the following points in particular to be problematic:

1. Enabling extensive surveillance powers: The Convention allows States Parties to implement extensive surveillance measures without adequate legal oversight. These measures could easily be abused to suppress legitimate protest or dissent.
2. Unclear definitions: The vague and broad definitions of crimes in the digital space pose the risk that legitimate actions, such as whistleblowing or the use of encryption, will also be criminalized.
3. Lack of protection for fundamental rights: The Convention fails to provide sufficient safeguards to protect freedom of expression, data protection and other fundamental digital rights. This creates a risk that authoritarian regimes will use the Convention to further restrict digital freedom.
4. Data retention and real-time surveillance are promoted: The convention allows member states to introduce data retention and real-time surveillance.

The GI will continue to work to ensure that the digital transformation in Germany and worldwide not only takes place according to the principles of the rule of law, but also protects fundamental rights in a special way.

About the German Society for Computer Science
The German Society for Computer Science (GI) is the largest professional society for computer science in German-speaking countries. Since 1969, it has represented the interests of computer scientists in science, society and politics and is committed to digitization that benefits the common good. With 14 departments, over 30 active regional groups and countless specialist groups, the GI is a platform and mouthpiece for all disciplines in computer science. The GI has set itself ethical guidelines that serve as a guide for its members. You can find more information at www.gi.de