Top diplomat warns of serious fallout if US fails to back UN cybercrime treaty

A senior US diplomat has warned of significant consequences if the United States does not support a newly adopted draft for the UN cybercrime treaty, which would establish the first global cybersecurity legal framework agreed upon by all UN member states. Despite unanimous approval from the UN’s Ad Hoc Committee on Cybercrime in August, concerns have been raised by human rights groups and the tech industry about the treaty’s potential to enable mass surveillance and violate individual privacy.

Lead US negotiator Ambassador Deborah McCarthy emphasised the risks of the US backing out after leading the treaty’s development, warning of a potential divide at the UN if the US withdraws. She also highlighted the treaty’s role in fostering global cooperation on cybercrime investigations and information-sharing, while acknowledging legitimate concerns from various sectors.

Critics, however, argue that the treaty’s provisions on serious crimes—those carrying sentences of four years or more—could empower authoritarian regimes to abuse surveillance powers and violate human rights. Human Rights Watch’s Deborah Brown expressed concern that the treaty lacks robust safeguards and could be used to suppress protected activities like protests and investigative journalism.

While McCarthy stressed that the treaty could spotlight misuse and encourage global cooperation, US Senate ratification remains uncertain. With privacy advocates like Sen. Ron Wyden opposing the treaty, calling it a potential tool for authoritarian regimes, securing the two-thirds Senate vote required for US participation will be challenging.

In her remarks, McCarthy acknowledged that the treaty is not perfect but called it ‘definitely an advancement.’ The treaty’s provision, which automatically allows for the extradition of cyber criminals ‘without having to negotiate country by country,’ is a win, McCarthy said.