From UPSC perspective, the following things are important :
Prelims level : Budapest COnvention
Mains level : Global partnership for cyber-security
India maintained its status as a non-member of the Europe-led Budapest Convention and it voted in favour of a Russian-led UN resolution to set up a separate convention.
- The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime is the first international treaty seeking to address Internet and cybercrime.
- It aims at harmonizing national laws, improving investigative techniques, and increasing cooperation among nations.
- 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, Philippines, South Africa and the US.
- It was opened for signature in Budapest, on 23 November 2001 and it entered into force on 1 July 2004.
- The convention is the sole legally binding multilateral treaty that coordinates cybercrime investigations between nation-states and criminalizes certain cybercrime conduct.
Why dint India ratify?
- 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.
- India’s is concerned due to data sharing with foreign law enforcement agencies as it infringes on national sovereignty.
- The Russian proposal entitled “Countering the use of information and communications technologies for criminal purposes” was passed in the UNGA.
- It allows for regarding cross-border access to data, including by limiting the ability of a signatory to refuse to provide access to requested data.
- The proposal creates a committee to convene in August 2020 in New York to establish a new treaty through which nation-states can coordinate and share data to prevent cybercrime.