In the recent news, India has cast its vote in support of a cybercrime resolution led by Russia in a committee of the United Nations General Assembly. The resolution aims to establish new cyber norms that serve as an alternative counterpoint to the US-backed Budapest Accord. A concluding vote to adopt this resolution by the General Assembly is anticipated to take place in December 2019.
Budapest Convention: Background and Role
The Budapest Convention, also known as the Cybercrime Convention, is an initiative of the Council of Europe (CoE). This legally binding international multilateral treaty on cybercrime was opened for signature in 2001 and has been in effect since 2004.
The Budapest Convention functions as a coordinating body for cybercrime investigations between nations and criminalizes certain cybercrime behaviors. It serves as a guideline for countries looking to develop comprehensive legislation against cybercrimes as well as providing a framework for international cooperation between state parties to this treaty.
Complementing the Budapest Convention is a Protocol centered on addressing Xenophobia and Racism committed through computer systems.
Although many stakeholders concur that the present form of cross-border data sharing through the Mutual Legal Assistance Treaty (MLAT) is not adequate for the digital age, there remains ongoing debate regarding the best course of action – either renovating the MLAT or establishing a completely new system designed specifically for the realm of cybercrimes.
Russia’s Proposal: A New Convention on Cybercrimes
Russia’s proposition, titled “Countering the use of information and communications technologies for criminal purposes,” was recently brought before the United Nations General Assembly (UNGA). This proposal follows prior Russian initiatives, such as the “Draft United Nations Convention on Cooperation in Combating Cybercrime” from 2017, aimed at developing a UN convention on cybercrime.
The Russia-led initiative appeals for the establishment of a committee that will meet in August 2020 in New York. The aim of this meeting is to create a new treaty through which nations can coordinate and share data in an effort to combat cybercrime.
Criticism has been voiced by human rights groups that view this proposal as a mechanism to spread a Chinese and Russian style of Internet governance, often referred to as a “closed Internet” or “state-controlled internet.” If passed by the UNGA, this resolution will result in the formation of the second international convention on cybercrime.
| Terms | Description |
|---|---|
| Budapest Convention | An international treaty aimed at addressing internet and computer crime by harmonizing national laws, improving investigative techniques, and fostering international cooperation. |
| Russian-led UN Resolution | A proposal for a new international treaty on cybercrime, aimed at increasing coordination and data sharing among nations. |
| Closed Internet/State-controlled Internet | A model of internet governance that favors heavy state control and restrictions on information flow. |
India’s Stance: Between Budapest Convention and Russia’s Proposal
India continues to uphold its non-member status regarding the Europe-led Budapest Convention. Instead, India has shown its support for the Russian-led UN resolution, voting in favor of establishing a different convention. According to India’s Intelligence Bureau (IB), sharing data with foreign law enforcement agencies impacts the national sovereignty of the country.
Current State of Data Laws in India
The handling of data protection laws in India has been met with numerous complications and opposition due to the absence of a proper legislative framework. Although the Information Technology Act of 2000 provides some provisions relating to cyber and IT-related laws, it fails to effectively safeguard against breaches of information or enforce a right-based framework on privacy.
In response, the government has proposed the Draft Personal Data Protection Bill in 2018, based on the recommendation of the Justice BN Srikrishna Committee. This proposed bill is seen as an important step toward establishing a strong data protection regime in India.
