高端视野|吴沈括 H. MANZOOR：数字安全与联合国打击网络犯罪公约

全球数字治理前沿系列研究之：

数字安全与联合国打击网络犯罪公约 

吴沈括

网络法治国际中心执行主任、博导

中国互联网协会研究中心副主任

HASSAN MANZOOR

网络法治国际中心研究助理

QUESTION PRESENTEDIn its 74^th Session of the United Nations General Assembly passed a resolution for the Future Outlining of Terms for Negotiating a Global Cybercrime Treaty. The General Assembly decided in its Resolution to establish an open-ended ad hoc intergovernmental committee of experts, representative of all regions, to elaborate a comprehensive international convention on countering the use of information and communications technologies for criminal purposes, taking into full consideration existing international instruments and efforts at the national, regional and international levels on combating the use of information and communications technologies for criminal purposes. The Resolution termed the Ad Hoc committee to convene sessions,  and submit a draft convention on countering cybercrime to be presented to the General Assembly.  This Memorandum Aims to state and Elaborate the Characteristics, Background, current Status and Future Plans of the United Nations Legislation Aiming to Draft Global Cybercrime Treaty. SHORT SUMMARYUnited Nations has established an open-ended ad hoc intergovernmental committee of experts, to elaborate a comprehensive international convention on countering the use of information and communications technologies for criminal purposes and Draft a Treaty to combat the Global cybercrime. This proposed treaty will likely deal with cybercrime, international cooperation, and access to potential digital evidence by law enforcement authorities, as well as human rights and procedural safeguards.The Draft of this Treaty prepared by the Ad Hoc Committee to be presented at the 78^th session of the United Nations general Assembly. BACKGROUND, PURPOSE AND VALUESThe United Nations General assembly on 27^th December 2019 adopted a Resolution no 74/ 247 which established an Ad Hoc Committee to Draft a comprehensive International Convention for the purpose to counter the use of information and Communication Technologies for Criminal Purposes/ Cyber Crimes. This resolution officially initiated Negotiation for the purpose. It Further enabled international cooperation in the complex ongoing fight against cyber criminals and Crimes.After, Resolution 75/ 282 of 2021 further elaborated and specified the process and launched a timeframe and work frame for the Ad Hoc committee to convene at least six Meetings of at least 10 days each, held no less than 11 weeks apart, to draft a Convention to be then presented in the 78^th Session of the United Nations General Assembly in 2023. It has also been decided by the General Assembly in its 75/282 Resolution that the ad Hoc committee shall hold its three meetings in New York and three in Vianna. The Meetings of the Committee had to commence from January 2022 but due to the Covid 19 Outbreak could not commence and is postponed for a certain period.However, the ad Hoc Committee had already convened a three-day Session in May 2021 in New York to agree on the outline and Modalities of its future activities.The ad hoc committee elected the Officers of the Committee and discussed an outline and modalities for its further activities at its organizational session. H.E. Ms. Faouzia BOUMAIZA MEBARKI has been elected by the ad Hoc committee to Chair the Meetings of the committee for Drafting the treaty.Human Rights Watch and nearly 130 organizations and academics working in 56 countries, regions, Globally urged members of the Ad Hoc Committee responsible for drafting a potential United Nations Cybercrime Treaty to ensure human rights protections are embedded in the final product.Further According to Resolution 75/282, the process towards the United Nations convention shall consider existing international instruments and efforts at the national, regional and international levels on combating the use of information and communications technologies for criminal purposes. This also includes the work and outcomes of the open-ended intergovernmental Expert Group to Conduct a Comprehensive Study on Cybercrime.In this framework, on 29 June, Russia submitted the first draft Convention. This first piece of Convention presented by Russia provides a brief analysis of the proposed draft Convention that will be discussed in the first round of negotiations of the Ad Hoc Committee. CURRENT STATUS AND NEXT STEPSThe Ad Hoc Committee convened a three-day organizational session in May 2021, postponed from August 2020 due to the COVID-19 pandemic in New York, where it elected the Officers of the Committee and discussed an outline and modalities for further activities. The Committee also held informal consultations under the leadership of its Chair to facilitate the fulfilment of its mandates.According to the terms of Resolution 75/282, the Committee will convene at least six negotiating sessions, each lasting 10 days, and a concluding session in New York to adopt a draft convention and provide it to the General Assembly at its 78th session. The first session of the Ad Hoc Committee was scheduled to be held in New York from 17 to 28 January 2022, but in view of COVID-19 related developments the General Assembly decided on 20 January 2022 to postpone the first session. The General Assembly further decided that the Ad Hoc Committee shall hold a one-day meeting in New York as soon as possible, preferably before 28 February 2022, for the purpose of addressing organizational matters and hold its first negotiation session in New York no later than 18 April 2022, health conditions and space permitting. If health conditions and space do not permit a meeting in New York by April 2022, the Ad Hoc Committee shall hold its first negotiation session in May 2022, with the first, third and fourth sessions in Vienna and the second, fifth and sixth sessions in New York, with a concluding session taking place in New York. CONCLUSIONGlobal Space includes Multiple international instruments regulating cyber security and Cyber Crimes, the Budapest Convention on Cyber crime alike, but there is not a single piece of united Nations Document that conclusively deals Information Technology Crimes and illegal uses. For the Purpose United Nations Needs a Comprehensive Document that deals with international Information system and Technology Crimes. United Nations is doing so through the Ad Hoc Committee to draft the same and be then presented bac to the General Assembly in 2023 in its 78th session.
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网络法治国际中心 | 全球数字治理前沿系列：

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图文编辑：北京师范大学  黄诗亮