The Sexual Violence Prevention Association (SVPA) commends the United States for its Explanation of Position in favor of advancing the United Nations Convention Against Cybercrime and outlining vital human rights safeguards.
The United Nations Convention Against Cybercrime will establish a global framework for combating internet-based harm by facilitating international cooperation between nations allowing mutual legal assistance in investigations, creating unified definitions of cybercrimes, and providing technical assistance and capacity-building for developing countries.
The United Nations Convention Against Cybercrime is vital for the detection, prevention, and justice of cyber sexual violence against adults and children. Articles 14-16 address digital sexual violence head-on. This convention is the only mechanism that can effectively protect U.S. citizens from cyber harm. Domestic strategies are inadequate as the internet, and the harms thereof, are not bound by country borders.
The Convention is currently being considered by the United Nations with several countries, including the United States, weighing their support. After three years of collaboration, a draft of the Convention was agreed upon in August. In November, it was approved without any governments objecting in a special UN General Assembly (UNGA) Committee consisting of most countries. In the next two months, the General Assembly will vote on final approval and send the Convention for ratification.
While the convention could be a big step toward a global consensus on cybercrime, numerous political and human rights organizations have urged countries to vote against the treaty due to concerns of overbroad criminalization and potential misuse to infringe on privacy and human rights.
The SVPA has attended numerous listening sessions with and submitted statements to the Department of Justice (DOJ), the Department of Health and Human Services (HHS), the Department of State (DOS), Department of Commerce (DOC), the National Institute for Standards and Technology (NIST), the National Security Council (NSC), the National Telecommunications and Information Administration (NTIA), International Trade Administration (ITA), the White House Gender Policy Council (GPC), and the Biden Administration.
In our statements, the SVPA urged the U.S. government to push in favor of the Convention while simultaneously leveraging our country’s unique power and influence to ensure it is not misused to violate human rights. We provided 11 detailed strategies, outlined below.
- Publish an Explanation of Position
- Develop Guidelines, Rules, and Laws for Domestic Implementation
- Set Up Oversight and Reporting Mechanisms
- Provide Targeted Technical Assistance and Capacity-Building
- Condition Cooperation and Establish Legal Precedents
- Impose Targeted Sanctions
- Engage U.S. Tech Companies
- Coordinate with International Bodies and UN Agencies
- Coordinate with Civil Society and NGOs
- Create a Public Education Campaign
- Leverage U.S. Diplomatic Influence
On November 11, the U.S. government published an Explanation of Position. This was perfectly aligned with the first strategy the SVPA outlined. Within the Explanation of Position, they incorporated several of our recommended strategies including robust domestic safeguards, oversight and reporting mechanisms, targeted technical assistance and capacity-building, conditioning U.S. cooperation, establishing legal precedents, and coordinating with international bodies and civil society.
We urge the United States and other nations to continue advancing the Convention while promoting and protecting fundamental human rights.
