‘This is not a human rights convention!’: the perils of overlooking human rights in the UN cybercrime treaty

The ongoing process of the UN cybercrime treaty negotiations exemplified concerns about the use of criminal law as an instrument for digital persecution. The possible overarching impact of the proposed UN convention goes beyond the notion of cybercrime. If adopted, the new instrument would set standards not only for criminalising certain types of offences but also for the collection and cross-border exchange of electronic evidence in investigations of any crimes leaving digital traces. This far-reaching impact places concerns that the new treaty could potentially legitimize and encourage oppressive practices at the centre of the UN cybercrime treaty negotiations.

This paper aims to provide a deeper understanding of the challenges of upholding human rights while setting standards for criminal justice in cyberspace by analysing three main aspects of the UN cybercrime negotiations – criminalisation, procedural powers and international cooperation – in the context of existing cybercrime frameworks and international human rights obligations.