Original Source: www.accessnow.org
Next month, the UN General Assembly is poised to adopt a new cybercrime convention, amidst warnings from civil society about the impending risks to digital rights globally. In the Arab region, where even expressing sexual orientation, criticizing governments, or deleting messages can result in imprisonment, such a treaty could offer a thin guise of legitimacy for authoritarian regimes to intensify digital repression, ultimately stifling international efforts to combat genuine cybercrimes due to human rights concerns.
Governments across the Arab world have been utilizing cybercrime laws to silence dissent harshly. These laws, marked by vague terminology, criminalize a range of online expressions—like undermining state prestige in Syria or public morals in Saudi Arabia. The ambiguity fosters self-censorship, as individuals are left uncertain about what online content might lead to legal ramifications.
Shockingly, content-related offenses far outnumber actual cyber-dependent crimes in countries like Jordan and Saudi Arabia, indicating that authorities prioritize control over dissent rather than curbing real cybercriminal activities. This trend highlights the danger of integrating expansive content-based restrictions into national and international cybercrime legislation.
Moreover, many offenses are duplicated under cybercrime laws with increased penalties, despite already being covered under existing press laws, showing a clear disregard for principles of legality and proportionality in the International Covenant on Civil and Political Rights.
The current cybercrime laws in Tunisia and other Arab nations also permit intrusive surveillance without sufficient checks, allowing governments to monitor individuals under the guise of combating crime. By not requiring notification post-investigation, these laws violate personal privacy rights and lack fundamental human rights protections.
Furthermore, in countries such as Egypt and Algeria, authorities mandate telecom companies to collect extensive user data without judicial orders. This excessive data retention poses severe risks to personal privacy, echoing concerns raised by the Court of Justice of the European Union regarding mass surveillance.
Access Now advocates for a cybercrime convention that protects human rights rather than undermining them. However, the existing draft raises alarms as it could further enable violations of international human rights laws through vague definitions that widen the criteria for serious crimes, extending to acts that should be protected under human rights standards.
Additionally, this treaty allows for questionable collaboration among countries, which could lead to governmental overreach in monitoring online speech, with serious implications for free expression in the Arab world.
Notably, the convention does not prohibit the use of unlawfully obtained electronic evidence, fostering a dangerous environment where the principles of justice can be compromised. This sets a perilous precedent, risking erosion of judicial integrity and threatening democratic ideals.
Given these concerns, it is crucial for UN member states to reevaluate their support for the convention, suggesting a vote against it and abstaining from ratification at the national level until it adequately addresses human rights issues. They should also engage civil society in revising their cybercrime laws to comply with international standards, thereby demonstrating a commitment to genuine human rights protections.
The article discusses the implications of the upcoming UN cybercrime convention for digital rights in the Arab region. It highlights the alarming practices of authoritarian regimes that misuse cybercrime laws to suppress free speech and dissent. The piece outlines how vague terminology in these laws criminalizes various forms of online expression and emphasizes the need for robust human rights protections in any international legislation.
The adoption of the UN cybercrime convention raises significant concerns regarding digital rights, particularly in the Arab region. The misuse of cybercrime laws to impose censorship and surveillance emphasizes the urgent need for protections against government overreach. UN member states must reconsider their approach, ensuring that human rights are prioritized in the drafting and implementation of such treaties, safeguarding freedom of expression in the digital landscape.
