Kate Robertson on the Risks That Lie Behind Canada’s Unexpected Signing of the UN Cybercrime Convention

Earlier this month, the Canadian government announced that it had signed the United Nations Convention against Cybercrime. 

Speaking with Michael Geist of Law Bytes, senior research associate Kate Robertson argues that the convention is a cross-border surveillance and electronic evidence sharing agreement that Canada originally opposed, which carries significant adverse implications around the world for human rights and internet freedom.

The abuse of cybercrime laws against journalists and whistleblowers is a growing threat to free expression and democratic freedom around the world, and the treaty’s opening has coincided with a wave of repressive cybercrime laws in various parts of the world. The treaty’s overbreadth and extraterritorial jurisdiction will further increase the risks for security researchers and other forms of platform accountability research. Further, “data obtained using spyware can be laundered through data-sharing channels that are highly secretive and legalized under this treaty,” which will drive uptake in the spyware ecosystem, says Robertson.

Robertson believes the risks of signing the convention outweigh any perceived diplomatic benefits. “Crime policy should not be treated as a chip in a trade deal. These frameworks are too high stakes.”