22 Council of Europe members sign sign new additional protocol to Cybercrime Convention

May 15, 2022 |

The Council of Europe (‘CoE’) announced that the 22 Council of Europe Member States had signed the Second Additional Protocol to the Convention on Cybercrime on Enhanced Co-operation and Disclosure of Electronic Evidence (‘Second Additional Protocol to the Budapest Convention’). 

The Second Additional Protocol provides for:

  • a legal basis for disclosure of domain name registration information and for direct co-operation with service providers for subscriber information;
  • effective means to obtain subscriber information and traffic data;
  • immediate co-operation in emergencies;
  • mutual assistance tools; and
  • personal data protection safeguards.

Interestingly Second Additional Protocol was signed by the non-CoE Member States of Chile, Colombia, Japan, Morocco, and United States. But not Australia.  That is more than passing strange.

The press release, Enhanced co-operation and disclosure of electronic evidence: 22 countries sign new Protocol to Cybercrime Convention, provides:

The Second Additional Protocol to the Convention on Cybercrime (Budapest Convention), aimed at enhancing co-operation and disclosure of electronic evidence has been opened for signature at a conference organised under the Italian Presidency of the Council of Europe’s Committee of Ministers.

The Protocol was signed in the presence of several ministers by the following Council of Europe member states: Austria, Belgium, Bulgaria, Estonia, Finland, Iceland, Italy, Lithuania, Luxembourg, Montenegro, Netherlands, North Macedonia, Portugal, Romania, Serbia, Spain and Sweden, and by non-member states: Chile, Colombia, Japan, Morocco and United States.

“Cybercrime is growing and changing at an increasing rate. It disrupts everything from businesses to hospitals to the critical infrastructure we all depend on. Today, we are making a major contribution to the worldwide effort to fight online crime. The Second Protocol brings the Budapest Convention up to date with current, technological challenges, so that it remains the most relevant and effective international framework for combating cybercrime in the years ahead. It is the gateway to a safer, more secure future,” said the Secretary General Marija Pej?inovi? Buri?.

“The use of ICT (Information and Communication Technologies) by organised crime in all “sectors” (sexual exploitation, drug trafficking, smuggling, terrorism) represents a further challenge for our judicial authorities and for our institutions. Our governments must respond properly and effectively to all those crimes, in line with the technological evolution. The Second Additional Protocol, therefore, responds to the need for greater and more efficient co-operation between States and between the States and the private sector, clarifying the cases in which the “service providers” will be able to provide the data in their possession directly to the competent authorities of other countries. The relevance of this Protocol is a hope for the victims of cybercrime,” said Justice Minister of Italy, Marta Cartabia.

The Protocol provides tools for enhanced co-operation and disclosure of electronic evidence – such as direct co-operation with service providers and registrars, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies or joint investigations – that are subject to a system of human rights and rule of law, including data protection safeguards.

It is open for signature by Parties to the Convention and will enter into force once ratified by five States.

The speech by the Secretary General provides:

Very recently, we have seen criminals exploiting the covid-19 pandemic through technology and the internet –

With scams and the online sale of counterfeit medical supplies as prime examples.

And since the beginning of Russia’s aggression against Ukraine in February, attacks against Ukrainian information technology resources have been non-stop.

This follows a series of episodes over recent years in which Ukrainian infrastructure and resources have come under cyberattack.

These include hacking into power stations –

The 2017 NotPetya ransomware that went on to spread around the world –

And an episode this January in which websites were defaced and the data belonging to several government institutions was wiped.

While we must distinguish between cybercrime as a matter of criminal justice and cyberattacks as a matter of international security –

The means to investigate and attribute responsibility for such attacks are often similar –

And criminal justice co-operation on cybercrime helps build confidence more broadly.

In short, this kind of crime amounts to a modern-day means to undermine the values that the Council of Europe exists to uphold:

Human rights, democracy and the rule of law.

So, the urgency is clear.

And the Second Protocol is the right response.

It is also important to be clear about the geographical scale of its potential.

When the Budapest Convention was negotiated, 20 years ago, it was not only Council of Europe member states that took part in those discussions.

It was also Canada, Japan, South Africa, and the United States.

So, it was always intended to be a multilateral treaty –

Made in Europe –

But open to the world.

And its impact has indeed been truly global.

Today, the Budapest Convention has 66 States Parties, and 15 Observer States.

It has inspired countless laws in countries around the world.

And it is the gold standard in its field.

600 experts from across those States Parties and Observer States have contributed to the negotiations for the Second Protocol.

So too have a number of international organisations –

And there have been six consultation rounds with industry, civil society and data protection organisations.

The result of this inclusive process is a Protocol that meets the requirements of legal systems from every continent –

And brings the Budapest Convention up to date with current, technological challenges –

So that it remains the most relevant and effective international framework for combating cybercrime in the years ahead.

The Second Protocol is the gateway to a safer, more secure future.

I congratulate you all for the role that you have played in opening it.

And I hope that as many States Parties as possible will accede to the Protocol in the interests of citizens here in Europe and around the world.

 

 

Leave a Reply





Verified by MonsterInsights