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Budapest Convention

Posted on : 25 Dec 2019

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  • India recently maintained its status as a non-member of the Europe-led Budapest Convention, even as it voted in favor of a Russian-led UN resolution to set up a separate convention.
  • The proposal, which India voted in favor of, creates a committee to convene in August 2020 in New York to establish a new treaty through which nation-states can coordinate and share data to prevent cybercrime.
  • For years, the Russian-led campaign for a cybercrime convention in the UN has been framed in direct opposition to a separate treaty: the Council of Europe’s (CoE) Cybercrime Convention — also known as the Budapest Convention — which has eagerly called for Indian participation since its formation in 2001 to no avail.
  • India’s concern is that it did not participate in the negotiation of the Convention and thus should not sign it.
  • The Convention on Cybercrime of the Council of Europe (CETS No.185), known as the Budapest Convention, is the only binding international instrument on this issue. It serves as a guideline for any country developing comprehensive national legislation against Cybercrime and as a framework for international cooperation between State Parties to this treaty.
  • The Convention is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security.
  • The Budapest Convention — through its Article 32b — allows for trans-border access to data and thus infringes on national sovereignty which have been questioned by Russia and China.
  • The Budapest Convention is supplemented by a Protocol on Xenophobia and Racism committed through computer systems which entails an extension of the Cybercrime Convention’s scope, including its substantive, procedural and international cooperation provisions, so as to cover also offences of racist or xenophobic propaganda.

Article Related Questions

Consider the following statements regarding the Budapest Convention on Cybercrime
1.It is the only binding international instrument which serves as a guideline for any country developing national legislation on cybercrime.
2.It is the first international treaty on crimes committed via internet.
3.India has signed but did not ratify the Budapest Convention.
Which of the above statements is/are correct?

1.1 and 2 only

2.1 and 3 only

3.2 and 3 only

4.3 only

Right Ans : 1 and 2 only

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