The United Nations is engaged in a landmark effort to establish a new global cybercrime treaty. The goal is laudable. Cybercrime does not respect borders, nor is it limited by them. And, as we have seen, cyberattacks that begin with one target can quickly spill into the broader digital ecosystem, causing widespread damage. But this initiative at the U.N. – if not carefully curated – could also serve as a vehicle for countries to criminally prosecute security researchers, technology companies, and others for activities that are essential to the overall security of our global digital community.
The estimated economic cost of cyberattacks is staggering and seems to grow each year. The expansion of the cyber insurance industry is a natural consequence as more companies look to protect themselves against these attacks. The damage wrought by cybercrime has a nontrivial human component too. When a cyberattack targets the healthcare industry – a common victim – the impact on individual lives is stark : prescriptions don’t get filled, surgeries are delayed, and an individual’s health can rest in the hands of a cybercriminal thousands of miles away and out of reach of local and allied law enforcement agencies. Innovative approaches to combatting cybercrime, including drawing on all elements of geopolitical power, are needed if the international community hopes to put a dent in the seemingly unbounded growth of this malicious enterprise. But while the goal of increased global cooperation in the prosecution of cybercrime is worthwhile, current proposals from various countries, discussed during the summer’s U.N. Ad Hoc Committee’s Second Session, raise concerns.
As it currently stands, the most influential and important international cybercrime treaty is the Council of Europe Convention on Cybercrime, more commonly referred to as the “Budapest Convention.” That Convention was the first international cybercrime ..
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