International Serious and Organised Crime Conference 2013
 

The Budapest Convention on Cybercrime—Is harmonisation achievable in a digital world?

Speaker: , Faculty of Law, Monash University

The borderless nature of modern communications means that cybercrime is truly a global challenge, with international cooperation and harmonisation vital to effective law enforcement and preventing the creation of safe havens. For decades, there have been calls for increased harmonisation in substantive and procedural laws, and improved mechanisms to facilitate international cooperation against cybercrime. Yet, over 10 years since it first opened for signature, the Council of Europe Convention on Cybercrime, or ‘Budapest Convention’, remains the only legally binding multinational instrument to comprehensively address these challenges, including procedural and substantive law, mutual assistance and extradition.

The Convention has undoubtedly been an important influence on harmonisation, having influenced the cybercrime laws of many countries beyond the Council of Europe. In November 2012, Australia acceded to the Convention, joining 34 member countries of the Council of Europe, including the United Kingdom, as well as non-member countries such as the United States and Japan. At the same time, the Convention has been subject to criticism and we now see parallel initiatives developing at the national, regional and international level.

With a particular focus on Australian law, this presentation provides an overview of the Budapest Convention, particularly those provisions concerned with international cooperation and enforcement. It addresses some of the key criticisms of the Convention and seeks to place it in the context of other initiatives including, most recently, the work of the United Nations Office on Drugs and Crime. Ultimately, it aims to provide a practical understanding of what harmonisation means in the digital context and whether it is achievable or indeed desirable.