Outstanding advantages in terms of commitment content at the Hanoi Convention

Signing ceremony of the United Nations Convention against Cybercrime ( Hanoi Convention). (Photo: Jackie Chan)

Scope

As a United Nations document, the Convention will have the broadest and most comprehensive impact compared to all documents related to cyberspace. Similar to previous criminal conventions such as the United Nations Convention against Transnational Crime (UNTOC) & the United Nations Convention against Corruption (UNCAC), the Hanoi Convention will soon have global coverage to allow for cooperation against cybercrime at the most comprehensive level. This best reflects the reality of cybercrime in recent times when it has transformed into a global, highly organized and borderless phenomenon, ready to take advantage of the infrastructure of the weakest countries to attack victims.

Content

The Hanoi Convention inherits the norms that have been practiced steadily from other regional anti-cybercrime documents, such as the Budapest Convention (adopted by the Council of Europe in 2001), the Malabo Convention (adopted by the African Union in 2014). At the same time, with new negotiations and updates on digital technologies , the Hanoi Convention has timely supplemented forms of cybercrime that have had very negative impacts in recent times, such as online fraud, child abuse in cyberspace and the dissemination of private images. Thus, it can be said that the Hanoi Convention is most closely aligned with current cybercrime practices and will have high and effective enforcement capabilities for many common types of crimes in cyberspace.

Business

The Convention specifically regulates the exchange of electronic evidence between countries for serious crimes that have been increasing in recent times, such as terrorism and transnational organized crime. These are crimes that have been regulated by many United Nations Conventions against terrorism and transnational organized crime and are of great interest to the international community. The provisions on the exchange of evidence will allow countries to effectively deploy operations to prevent these crimes that directly affect national security.

Structure

The Hanoi Convention goes beyond other regional instruments such as the Budapest Convention by adding technical measures to protect victims and witnesses, tools to recover assets of cybercrime, and international cooperation in the transfer of convicted persons, joint investigations and police cooperation. As such, the Hanoi Convention provides a comprehensive legal toolkit for law enforcement agencies to address the entire process related to cybercrime, from detecting, investigating, prosecuting and adjudicating cybercrime, as well as dealing with the consequences and protecting victims of cybercrime.

Goodwill

The Convention has specific provisions on technical assistance and capacity building for developing countries to build necessary skills when participating in international cooperation to prevent cybercrime on a global scale. In particular, countries affirm the need to strengthen coordination and cooperation between countries, through technical assistance and capacity building, including technology transfer to developing countries, with measures such as improving domestic legal frameworks, improving the capacity of law enforcement agencies to deal with cybercrime in all forms, including prevention, detection, investigation and prosecution; in which the role of the United Nations is promoted. These contents are the most specific commitments to ensure the goodwill of countries, whether small or weak, to contribute to the common effort to prevent and combat cybercrime.

Cyberspace characteristics

The Convention pays due attention to human rights in cyberspace, ensuring that procedural and investigative provisions must have measures to protect people's rights, as well as the exchange of personal data. At the same time, the Convention has specific provisions on the responsibilities of organizations and individuals acting as "service providers" in cyberspace. This is a unique feature of the first Convention dedicated to cyberspace.

Source: https://baoquocte.vn/nhung-uu-diem-vuot-troi-ve-noi-dung-cam-ket-tai-cong-uoc-ha-noi-332190.html