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Convention Against Cybercrime (U.N.)

Published online by Cambridge University Press:  12 November 2025

Jason Pielemeier Open the ORCID record for Jason Pielemeier [Opens in a new window]
Jason Pielemeier*
Affiliation:
Jason Pielemeier is the Executive Director of the Global Network Initiative (GNI). Prior to joining GNI, Jason was a Special Advisor in the U.S. Department of State, where he led the Internet Freedom, Business, and Human Rights section in the Bureau of Democracy, Human Rights and Labor. Jason is a graduate of Northwestern University and Yale Law School. He authored this note in his personal capacity.
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Extract

On December 24, 2024, the United Nations General Assembly (UNGA) voted unanimously in support of resolution 79/23, adopting the “United Nations Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes” (UNCC).1 This Christmas Eve consensus marked the end of a multilateral journey that formally began in 2019, and signaled the beginning of a new chapter in the much longer history of international cooperation on cybercrime.

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Type
International Legal Documents
Information
International Legal Materials , Volume 64 , Issue 5 , October 2025 , pp. 1179 - 1217
Copyright
© The Author(s), 2025. Published by Cambridge University Press on behalf of American Society of International Law

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References

ENDNOTES

1 G.A. Res. 79/243 (Dec. 24, 2024).

2 According to the Department of Justice, between 2000 and 2012, the number of MLAT requests for assistance from foreign authorities for computer records increased tenfold. U.S. Dep’t of Just., Audit of the Criminal Division’s Process for Incoming Mutual Legal Assistance Requests, https://oig.justice.gov/sites/default/files/reports/21-097.pdf.

3 Stored Communications Act, 18 U.S.C. § 2702 (1986).

4 Stephanie Pell & Richard Salgado, Privacy Protections of the Stored Communications Act Gutted by California Court, Lawfare (Aug. 21, 2024), https://www.lawfaremedia.org/article/privacy-protections-of-the-stored-communications-act-gutted-by-california-court.

5 Andrew K. Woods, Data Beyond Borders: Mutual Legal Assistance in the Internet Age, Global Network Initiative (Jan. 2015), https://globalnetworkinitiative.org/wp-content/uploads/GNI-MLAT-Report.pdf.

6 Council of Europe, Convention on Cybercrime, July 1, 2004, E.T.S. No. 185.

7 Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems, Mar. 3, 2006, E.T.S. No. 189.

8 Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence, Dec. 5, 2002, C.E.T.S. No. 224.

9 Council of Europe, Chart of signatures and ratifications of Treaty 185 https://www.coe.int/en/web/conventions/full-list?module=signatures-by-treaty&treatynum=185.

10 Council of Europe, The Budapest Convention on Cybercrime: benefits and impact in practice (July 13, 2020), https://rm.coe.int/t-cy-2020-16-bc-benefits-rep-provisional/16809ef6ac.

11 The Council of Europe’s Cybercrime Convention, Electronic Privacy Information Center (Dec. 16, 2005), https://archive.epic.org/privacy/intl/ccc.html.

12 Tass Russian News Agency, Press review: Russia unveils bid to fight cyber crime and Samsung Pay faces patent issue (July 30, 2021), https://tass.com/pressreview/1320973.

13 Disclosure: the author worked on the CLOUD Act while working in the State Department.

14 U.S. Dep’t of Justice, Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act, White Paper (Apr. 2019), https://www.justice.gov/criminal/media/999601/dl?inline.

15 G.A. Res. 74/247 (Jan. 20, 2020).

16 Id.

17 Ellie MacDonald, Maria Paz Canales, & Ian Barber, The UN Cybercrime Convention: where do we go from here?, Global Partners Digital (Sept. 2, 2024), https://www.gp-digital.org/the-un-cybercrime-convention-where-do-we-go-from-here.

18 See, e.g., “Civil society and industry call on states to reject the UN Cybercrime Convention in its present form,” Global Partners Digital (Feb. 8, 2924), https://www.gp-digital.org/news/civil-society-and-industry-call-on-states-to-reject-the-un-cybercrime-convention-in-its-present-form and “GNI Statement on UN Cybercrime Convention,” Global Network Initiative (July 19, 2024) https://globalnetworkinitiative.org/cybercrime-convention-statement (disclosure, the author was involved in the drafting of these letters).

19 See, e.g., “Civil society sends joint letter urging EU and member states to withdraw support from rights-harming UN Cybercrime Convention,” Cyber Peace Institute (Oct. 22, 2024), https://cyberpeaceinstitute.org/news/civil-society-joint-letter-un-cybercrime-convention and “ GNI Calls on Member States Not to Support the UN Cybercrime Convention,” Global Network Initiative (Oct. 7, 2024), https://globalnetworkinitiative.org/gni-statement-on-uncc (disclosure, the author was involved in the drafting of these letters).

20 Id.

21 G.A. Res. 79/243 (Dec. 31, 2024).

22 Id., Annex, art. 57.

23 Id. ¶ 5.

24 GNI Calls on Member States Not to Support the UN Cybercrime Convention, Global Network Initiative (Oct. 7, 2024), https://globalnetworkinitiative.org/cybercrime-convention-statement (disclosure, the author was involved in the drafting of these letters).

25 Explanation of Position of the United States on the Adoption of the Resolution on the UN Convention Against Cybercrime in UNGA’s Third Committee, United States Mission to the UN (Nov. 11, 2024), https://usun.usmission.gov/explanation-of-position-of-the-united-states-on-the-adoption-of-the-resolution-on-the-un-convention-against-cybercrime-in-ungas-third-committee.