Ad Hoc Consultation: Monday 5th February, Morning session

5 Feb 2024 16:00h - 19:00h

Table of contents

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Full session report

Debate on UN draft resolution to combat cybercrime highlights need for balance between enforcement and rights

During the plenary session of the Ad Hoc Committee, the Chair welcomed delegates and requested a moment of silence in memory of the late Namibian President Hage Geingob, acknowledging his work against colonialism and apartheid. The Chair then introduced the draft resolution for the UN General Assembly, which aims to annex the text of the draft convention for consideration and adoption at the 78th session in 2024. The draft resolution follows the structure of previous resolutions against transnational organized crime and corruption, focusing on the modalities and procedures for the adoption and implementation of the Convention.

Delegates from various countries expressed their views on the draft resolution, with significant discussion on the title of the resolution and the inclusion of certain terms and provisions. The Russian Federation proposed the title "Countering the Use of ICT for Criminal Purposes" and suggested an additional protocol to address more types of offenses using ICT. Iran proposed language urging states to refrain from unilateral economic measures that impede international cooperation, while the United States, supported by several other countries, opposed the proposals from Russia and Iran, advocating for the title "Countering Cybercrime" and expressing concerns about duplicating lists of offenses and the inclusion of unilateral sanctions in the instrument.

The Chair limited statements to three minutes and encouraged focused comments aimed at strengthening the text. As the discussion continued, various amendments were suggested, with some countries supporting the inclusion of additional protocols and others calling for their deletion, citing the need to finalize the convention's scope in informal discussions.

Stakeholders from civil society, private organizations, and academia also provided input, emphasizing the need for a narrow scope of the convention, robust human rights safeguards, and the avoidance of excessive criminalization that could impact legitimate online activities. Concerns were raised about the potential for the convention to weaken cybersecurity, compromise data privacy, and erode online rights and freedoms.

The Chair urged delegates to reflect on the amendments and to participate in informal discussions to resolve outstanding issues. The Secretariat informed delegations about the provisional list of participants and requested any necessary changes to be communicated via email.

The divergent views among member states and the shared concerns among stakeholders underscore the need for further negotiation and refinement of the draft resolution to ensure it effectively addresses cybercrime while upholding human rights and cybersecurity.

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