Background

While the world advances towards digitalization, the use of and dependance on information technology, networks and databases has become more and more pervasive in society. Targeting and illegally exploiting computer systems and data have also become increasingly common. The COVID-19 global pandemic has spurred an unprecedented increase in cyber-based illegal activities both in number and in sophistication.

Developing effective countermeasures has proven to be challenging in the global context, as well as aligning legislation, strategies and policies in a consistent and harmonized manner. Heterogeneous legal frameworks, lack of national strategies, limited criminal justice capacities to counter cybercrime and secure electronic evidence, and information infrastructures that are still scarcely secured in a number of countries, has made societies worldwide vulnerable targets for cybercrime. Moreover, governments struggle in reconciling effective responses to cybercrime with human rights and rule of law requirements online.

Cybercrime, indisputably, also exhibits Weapons of Mass Destruction (WMD) characteristics in certain manifestations, including actual manipulation of manufacture of existing WMD, with the clear potential for mass destruction/loss of life of large population groupings and/or mass destruction of essential networks and energy supplies, in many instances also essential for human survival. It is an existential threat to humanity. Recent cyberattacks on public utility facilities, including adjusting chemicals in town/city water supplies with the potential to poison whole communities/towns/cities/surrounding regions, is also now an entrenched reality worldwide. Similarly, wholesale cyberattacks on hospitals and other critical/emergency care institutions in many countries worldwide, loss/ransoming of vital digitalized health records for millions of individuals, including many currently hospitalized with serious illness/disease, lives jeopardized by such activities. Another robust example of the close nexus/overlap between cybercrime and WMD is the use of cybercrime/attacks on Nuclear power plants.

The Role of Parliamentarians in Promoting Cybersecurity and Preventing Cybercrime

Both as advocates and lawmakers, Parliamentarians can advocate for the ratification and accession of international treaties which promote cybersecurity as well as the adoption and implementation of cybersecurity legislation in their respective countries to give effect to the obligations they assume under such international treaties. Parliamentarians have ample opportunity in this sphere to encourage their respective Governments to also support, draft and ensure passage of requisite implementing legislation.

The Budapest Convention on Cybercrime, with 76 States Parties serves as a guideline for any country developing comprehensive national legislation against cybercrime and as a framework for international cooperation between States Parties to this treaty. The Convention was adopted in November 2001. 2003 has seen the adoption of a First Additional Protocol concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems. Reflecting new realities, the Second Additional Protocol to the Convention on Cybercrime on Enhanced Cooperation and Disclosure of Electronic Evidence was opened for signature in May 2022.

Although a Council of Europe Convention, several non-Council of Europe States were actively involved in the adoption of the Budapest Convention on Cybercrime, including Canada and the United States, and it is open to ratification/accession by all countries. A growing number of non-Council of Europe countries have already taken this step from several global regions. Significant potential exists, therefore, for PGA Members to make essential contributions in many current Non-State Parties to promote universality and implementation of the .Budapest Convention on Cybercrime, both directly and indirectly, poses one of the greatest threats, if not the greatest, to international peace and security today.