On 17 November, the Council of Europe adopted the second Additional Protocol to the Budapest Convention to tackle the current surge in cybercrime. The Protocol is intended to ‘extend the rule of law further into cyberspace, protect internet users, and help provide justice for those who become victims of crime.’ However, for a state to accede to the Protocol, a party is required to become a member of the Convention first.
The new Protocol enables direct cooperation with service providers in other jurisdictions regarding requests for subscriber information, preservation requests and emergency requests which should cut the time in law enforcement procedures regarding transnational cybercrime. Furthermore, it employs more efficient mutual legal assistance, safeguards for preserving human rights, and trans-border access to data. In general, it aims to develop a framework for obtaining electronic evidence more effectively.
Although the treaty aims to enhance international cooperation on cybercrime, its success will depend on its adoption. However, the Protocol is crucial in countering attempts of certain states to establish a parallel system of international law on cybercrime and cyber security to the one established by the ECHR. Its wide adoption should also serve to shed some light on the interpretation of sovereignty and jurisdiction in cyberspace by states, a development that would be more than welcome given the paucity of legal precedent on the matter.
See the full article: Battling Cybercrime Through the New Additional Protocol to the Budapest Convention