The decision in the Federal Cabinet was made on Wednesday without much fanfare, but the implications for data protection and the global human rights situation are great. The federal government has officially given the green light to sign the United Nations Convention against Computer Crime, which has been controversial for years. Germany is thus committed to a set of rules that will take international cooperation in combating IT crimes to a new level.
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Essentially, Berlin is concerned with an improved exchange of evidence in electronic form (e-evidence) in order to be able to act more quickly and across borders in the event of serious crimes. But what sounds technically sensible is viewed by civil society organizations as a security policy Trojan horse.
As early as October, at the signing in the Vietnamese capital Hanoi, civil rights organizations sounded the alarm. Their concern is the first global agreement of its kind, which goes by the acronym UNCC (United Nations Convention against Cybercrime). They see it less as an instrument for greater cybersecurity than as a legal framework that encourages cross-border human rights violations through cooperation obligations. The international community emphasizes the need to tackle organized crime online. The NGOs, however, are demanding an end to the ratification process or at least improvements in order to protect basic fundamental rights.
Between diplomacy and data protection concerns
The Federal Ministry of Justice defends going along with it. A spokesman said that Germany, together with the EU and other like-minded states, had fought vigorously to ensure human rights standards and corresponding protection guarantees. “Appropriate mechanisms are provided to ensure this in law enforcement and international cooperation.” In particular, there are specific reasons for rejection within the framework of the cooperation if standards are not met. The Federal Government remains committed to this human rights approach in the future.
Nevertheless, the criticism is primarily directed against the almost limitless scope of the UN Convention. It is not limited to classic cyber attacks such as cracking databases or paralyzing critical infrastructure. Instead, it requires participants to undertake comprehensive electronic surveillance and to cooperate in a variety of crimes that often have no direct connection to information systems. Any offense that is punishable by at least four years’ imprisonment under national law is classified as a serious crime.
A legacy of Russia and China
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This vague definition opens the door to abuse. What is considered legitimate protest or investigative journalism in a democracy can be interpreted as a serious crime in authoritarian regimes. Activists fear that the convention will be reinterpreted to criminalize government critics and whistleblowers. Because the agreement requires governments to collect digital evidence and share it with foreign authorities without adequate safeguards, trust in secure communications risks being undermined. Critics also warn against the criminalization of vulnerable groups in repressive states.
The contract is based on an initiative by Russia and China. Civil rights activists see the fact that Western countries are now also supporting him as a fatal step forward. The justice department, on the other hand, points to the formal nature of the current decision: it is “a usual preparatory step for the signing of an international agreement”. The actual ratification will take place later.
(cku)
