UNConventional Cybercrime: How a Bad Anti-Hacking Treaty is Becoming a Law

Presented at DEF CON 31 (2023), Aug. 10, 2023, 11 a.m. (20 minutes)

Heads up DEFCON! The future of hacking, cybersecurity, and human rights are at risk as the United Nations negotiates a draft UN cybercrime treaty that has the potential to substantively reshape anti-hacking law around the world. The proposed Treaty could change the game for security researchers and coders like you. With Russia and China playing an initial role in pushing for this treaty, the future for security researchers’s rights could be at risk. Join us as we deep dive into the murky waters of these negotiations, exploring its risks for security and human rights, including the universal criminalization of network and device intrusion without any protections for legitimate security research. The lack of legal shield for security researchers could hinder bug bounties, responsible vulnerability disclosure, and pentesting. We'll discuss the geopolitical complexities, and the vital role you can play. EFF has been on the front lines in Vienna, attending the negotiations and representing the interests of our members since the start, and we need your help. Your insights and experiences are crucial. Together we will review the text, identify new challenges that you may face so we can better understand the community concerns. Let’s champion together a future where security research and human rights can thrive! REFERENCES: https://www.washingtonpost.com/politics/2023/04/28/perilous-path-new-cybercrime-treaty/ 1. https://www.eff.org/issues/un-cybercrime-treaty 2. https://www.eff.org/pages/submissions 3. https://www.unodc.org/unodc/en/cybercrime/ad_hoc_committee/home 4. https://www.unodc.org/documents/Cybercrime/AdHocCommittee/5th_session/Documents/CND_2_-_21.04.2023.pdf 5. https://www.unodc.org/unodc/en/cybercrime/ad_hoc_committee/ahc_fifth_session/main 6. https://www.unodc.org/documents/Cybercrime/AdHocCommittee/4th_Session/Documents/CND_21.01.2023_-_Copy.pdf 7. https://www.unodc.org/unodc/en/cybercrime/ad_hoc_committee/home 8. https://www.euractiv.com/section/law-enforcement/news/west-clashes-with-china-russia-over-un-cybercrime-convention/ 9. https://mediatalks.uol.com.br/2023/04/12/como-tratado-da-onu-sobre-crime-cibernetico-pode-ameacar-liberdade-de-expressao/ 10. https://www.washingtonpost.com/politics/2023/04/28/perilous-path-new-cybercrime-treaty/")

Presenters:

  • Bill Budington - Senior Staff Technologist at Electronic Frontier Foundation
    Bill Budington is a Senior Staff Technologist on EFF's Public Interest Technology team. Their research has been featured in the The New York Times, The Los Angeles Times, The Guardian, and cited by the US Congress. They are the lead developer of Cover Your Tracks.
  • Katitza Rodriguez - Policy Director for Global Privacy at Electronic Frontier Foundation
    Katitza Rodriguez is EFF's Policy Director for Global Privacy. She concentrates on comparative policy of global privacy issues, with special emphasis on cross-border data flows. Katitza's work also focuses on cybersecurity and government access to data held by the private sector at the intersection of international human rights law and standards. In 2018, CNET named Katitza one of the 20 most influential Latinos in technology in the United States.

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