Budapest Convention On Cybercrime
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Baljit Dhaka

Budapest Convention On Cybercrime

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Budapest Convention On Cybercrime:

Introduction

This convention of the council of Europe is the only binding international instrument on this issue that addresses Internet and computer crime by harmonizing national laws, improving legal authorities for investigative techniques, and increasing cooperation among nations.

It serves as a guideline for any country developing comprehensive national legislation against Cybercrime and as a framework for international cooperation between State Parties to this treaty.

 

It deals with issues such as infringements of copyright, computer-related fraud, child pornography, and violations of network security.

It aims to pursue a common criminal policy, especially by adopting appropriate legislation and fostering international police as well as judicial co-operation.

It is supplemented by a “Protocol on Xenophobia and Racism” committed through computer systems

The Convention has 56 members, including the US and the UK India is not yet a member.

Arguments in favor and against joining of India::

Favor:

India would benefit from a proven framework under which nations commit to cooperate to the widest extent possible concerning cybercrime, and any crime involving electronic evidence.

The convention can be the foundation for a global law on cybersecurity and may help in guiding national legislation or policy against cybercrimes.

India would become a priority country for capacity-building and would be able to contribute to shaping future solutions if it were a party.

Against:

Developing countries including India have not signed it stating that the developed countries drafted it without consulting them.

Its specific provisions fail to protect the rights of individuals and states.

The mutual legal assistance by convention is too complex & lengthy, rendering it inefficient in practice.

Intelligence Bureau (IB) has raised concern that it infringes upon state sovereignty. For eg- an Article of the convention allows local police to access servers located in another country’s jurisdiction, even without seeking sanction.