Budapest Convention on Cybercrime – UPSC GS3

Budapest Convention on Cybercrime
  • The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention, is the first (and only) international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography, hate crimes, and violations of network security.
  • It also contains a series of powers and procedures such as the search of computer networks and lawful interception.
  • Its main objective is to address Internet and computer crime by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations.
  • It has been supplemented by an Additional Protocol making any publication of racist and xenophobic propaganda via computer networks a criminal offence.
  • Currently, cyber terrorism is also studied in the framework of the Convention.
  • It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe’s observer states Canada, Japan, South Africa and the United States.
  • It also provides procedural law tools to make investigation of cybercrime and securing of e-evidence in relation to any crime more effective
  • The convention allows international police and judicial cooperation on cybercrime and e-evidence
Current position
  • The Convention has 56 members, including the US and the UK
  • Since it entered into force, important countries like Brazil and India have declined to adopt the Convention on the grounds that they did not participate in its drafting.
  • Russia opposes the Convention, stating that adoption would violate Russian sovereignty, and has usually refused to cooperate in law enforcement investigations relating to cyber crime.

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