The Biden administration has decided to support a new U.N. treaty that will create a cybercrime convention involving China and Russia, despite concerns from lawmakers and critics. The Budapest Convention, which has governed cybercrime since 2001, includes 76 countries but does not have participation from Russia or China. The inclusion of these two adversarial nations in the global cybercrime governance fold has raised fears among some that this new alliance could lead to trouble.
A group of Democratic lawmakers has expressed concern about the new convention, stating that defending human rights and core principles of internet freedom is not easy. Russia and China, along with other regimes opposed to democratic freedoms, are constantly working to legitimize their actions and worldview on the international stage. The lawmakers fear that the new convention may not address fundamental flaws in cybercrime governance, despite efforts to improve it.
The Biden administration’s decision to support the new treaty followed months of deliberations involving hundreds of nongovernmental entities focusing on human rights and cybersecurity issues. Despite concerns raised about the convention, the U.S. chose to stay with the consensus, believing that its influence on global “rights-respecting” cybersecurity policy will be more significant under the new convention. The administration plans to develop a risk management plan and engage with stakeholders to address these concerns.
A “consensus proceeding” took place, and the resolution was approved without a vote. Politico reports that the convention is expected to be adopted by the General Assembly later this year. Meanwhile, President-elect Donald Trump announced that he would nominate New York GOP Rep. Elise Stefanik to be the next U.N. ambassador in his administration. The White House declined to provide a comment on the record regarding this decision.
The issue of cyber-attacks against Americans has been a concern over the past two years, with Iran attempting to influence the U.S. election by sending stolen materials from the Trump campaign to the Biden campaign. The reliance on cybersecurity and the governance of cybercrime has become increasingly important as nations like Russia and China become more involved in global cybercrime discussions. The decision to support the new convention reflects a desire to engage with these nations on cybersecurity issues while still maintaining a focus on human rights and internet freedoms.
The Biden administration’s approach to the new cybercrime convention highlights the delicate balance between addressing global cyber threats and protecting human rights and internet freedoms. By engaging with stakeholders and developing risk management plans, the administration aims to address concerns about the convention’s potential flaws. The decision to support the treaty signals the U.S.’s commitment to global cybersecurity policy while also recognizing the challenges posed by adversarial nations like Russia and China in this evolving landscape.
