Learning from the ground up: lessons from civil society engagement in addressing the human rights implications of cybercrime legislation

Abstract

ABSTRACT The UN began negotiations to develop a possible cybercrime convention in 2022, and the impact on human rights is one of the key areas of discussion and scrutiny. This three-part article is intended to inform the reader about human-rights-respecting and inclusive approaches to the development of the convention, and draws on case studies to provide evidence-based recommendations. In the first part, it sets out how cybercrime legislation impacts human rights, including both the positive and negative implications of measures taken in tackling cybercrime. It provides specific examples of the areas of cybercrime legislation (e.g. relating to the scope of criminalisation and procedural powers) that are part of discussions for the convention and explain how they implicate human rights. In doing so, it explains the role of civil society in supporting the development of frameworks and responses to cybercrime which promote and protect human rights. Second, it provides case studies from different regions, highlighting how civil society expertise can directly support the development of rights-respecting approaches to cybercrime. Finally, it provides recommendations to member states and other stakeholders. These seek to guide stakeholders, including member states, to develop a rights-respecting instrument which effectively addresses cybercrime in a rights-respecting manner.