<div dir="ltr">My understanding is that Council of Europe-promulgated treaties (such as the Budapest Convention) should be understood as traditional multi-lateral treaty procedures--that is, they're not EU-governance regulations or laws as such. If an EU-level initiative references the Budapest Convention, that just means it's citing the Convention as a source document to explain what it's doing. It seems incorrect to say that EU directive or regulation could "replace" the Budapest Convention--that's not how these processes work, so far as I know.<div><br></div><div>Mike</div><div><br></div><div><br></div></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Wed, Jul 7, 2021 at 9:06 AM 32888 via Chapter-delegates <<a href="mailto:chapter-delegates@elists.isoc.org">chapter-delegates@elists.isoc.org</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">Hi,<br>
<br>
Just one minor information concerning Veni mail: Budapest convention for <br>
cybercrime fight was <br>
initiated and adopted by the Council of Europe. After the adoption many <br>
other countries <br>
(the number is now cca 40) joined and signed the convention.<br>
In 2017 EU Commision <br>
has developed and adopted the new Directive definig the European <br>
Investigation Order that <br>
replaces the Budapest convention and is now translated to the EU member <br>
state legislations (with exception of Ireland and Denmark). Further <br>
supporting documents were prepared as "Regulations" regarding the rules <br>
and the <br>
methods enabling direct cross-border data collection in case of <br>
cybercrime investigation with newest defintions of the digital services <br>
and type of data (e.g. <br>
traffic and private). These documents are declaring cooperation with USA <br>
and other countries on the same subject addressed by the Budapest <br>
convention. However, their final <br>
adoption was delayed due to the COVID19 crise.<br>
<br>
With regards,<br>
<br>
Borka<br>
<br>
<br>
<br>
On Tue, 6 Jul 2021, Veni Markovski via Chapter-delegates wrote:<br>
<br>
> Hi, everyone.<br>
> Andrew and I exchanged 2 emails in another list (I CC:ed my response to him<br>
> in this group, as I believe it is relevant), but I thought this discussion<br>
> is better to take place among the chapters and Andrew in this list.<br>
> <br>
> ISOC Bulgaria is concerned when seeing attempts for moving the<br>
> multistakeholder model of Internet governance to a multilateral one. We see<br>
> it at the ITU, and we see it at the UN. Some major newspapers have written<br>
> about it - see for example this article:<a href="https://www.washingtonpost.com/opinions/2021/05/04/russias-plot-control-int" rel="noreferrer" target="_blank">https://www.washingtonpost.com/opinions/2021/05/04/russias-plot-control-int</a><br>
> ernet-is-no-longer-secret/. Since it may require subscription, I am copying<br>
> the text below.<br>
> <br>
> It would be good to know: a) what ISOC is doing with regards to this issue,<br>
> b) what chapters see in their respected countries, and c) how chapters could<br>
> help ISOC, assuming that it is doing something.<br>
> <br>
> best,<br>
> v/<br>
> <br>
> Russia’s plot to control the Internet is no longer a secret<br>
> by David Ignatius<br>
> <br>
> Russia’s campaign to control the Internet isn’t just a secret intelligence<br>
> gambit any longer. It’s an explicit goal, proclaimed by Russian President<br>
> Vladimir Putin as a key element of the Kremlin’s foreign policy.<br>
> <br>
> Putin complained during his annual address to the Russian federal assembly<br>
> on April 21 that the United States and other western countries are<br>
> “stubbornly rejecting Russia’s numerous proposals to establish an<br>
> international dialogue on information and cybersecurity. We have come up<br>
> with these proposals many times. They avoid even discussing this matter.”<br>
> <br>
> Asking for “international dialogue” takes some nerve, coming from the<br>
> world’s biggest cyberbully — a country that notoriously meddled in the 2016,<br>
> 2018 and 2020 U.S. elections, and has engaged in similar Internet mischief<br>
> throughout the world. Controlling the “information space,” as the Russians<br>
> sometimes call it, has long been an intelligence priority for Moscow.<br>
> <br>
> Russia is waging its cyberdiplomacy offensive on two fronts: First, the<br>
> United Nations has embraced Russia’s proposal to write a new treaty<br>
> governing cybercrime, to replace the 2001 Budapest convention that Moscow<br>
> rejected because it was too intrusive. And second, Russia is lobbying for<br>
> its candidate to head the U.N.’s International Telecommunications Union<br>
> (ITU) and use it to supplant the current private group, known as ICANN, that<br>
> coordinates Internet addresses.<br>
> <br>
> These international regulatory battles sound obscure, but they will help<br>
> determine who writes the rules for Internet communications for the rest of<br>
> the 21st century. The fundamental question is whether the governance process<br>
> will benefit authoritarian states that want to control information or the<br>
> advocates of openness and freedom.<br>
> <br>
> Secretary of State Antony Blinken stressed on Tuesday the importance of this<br>
> contest. “There are relatively few items that are ultimately going to have a<br>
> greater impact on the lives of people around the world than the ITU post. It<br>
> may seem dry and esoteric, but it’s anything but. And so we’re very, very<br>
> actively engaged on this front,” Blinken said in an email message,<br>
> elaborating on comments he made to me during an April 7 interview.<br>
> <br>
> Russia outlined its ITU game plan in unusually forthright comments by Ernst<br>
> Chernukhin, the foreign ministry’s special coordinator for political use of<br>
> information and communications technology. He spoke on April 21, the same<br>
> day Putin made his speech.<br>
> <br>
> “The optimal option . . . would be transferring Internet management<br>
> prerogatives specifically to the ITU, as it is a specialized U.N. body,<br>
> which has the needed expertise on these issues,” Chernukhin said. “This<br>
> strategic objective may be achieved by electing or promoting the Russian<br>
> candidate to the position of the ITU Secretary-General in the 2022 elections<br>
> . . . and by holding the 2025 anniversary U.N. Internet Governance Forum in<br>
> Russia.”<br>
> <br>
> Russia’s candidate for ITU secretary-general is Rashid Ismailov, a former<br>
> deputy chief of the Russian communications ministry and a former executive<br>
> at the Chinese telecommunications company Huawei. In announcing Ismailov’s<br>
> candidacy on April 7, Maxim Parshin, the current deputy minister, underlined<br>
> Moscow’s governance takeover plan: “We believe it is important to define an<br>
> entity, within the U.N. framework, that would develop and implement legal<br>
> norms and standards in the field of Internet governance. We think that the<br>
> ITU could become such an entity.”<br>
> <br>
> The Biden administration’s candidate for the ITU post is Doreen<br>
> Bogdan-Martin, an American telecommunications expert who’s currently<br>
> director of the ITU’s development bureau. The State Department, which has<br>
> sometimes been lackadaisical in such international regulatory contests,<br>
> is campaigning aggressively for Bogdan-Martin, and officials hope she’ll<br>
> have sufficient support in Africa, Europe, Latin America and elsewhere to<br>
> win the post. The election will take place at an ITU gathering late next<br>
> year in Romania.<br>
> <br>
> Internet technical governance today is managed by ICANN, which stands for<br>
> Internet Corporation for Assigned Names and Numbers. This gathering of<br>
> engineers and other experts was founded in 1998 to supervise domain names<br>
> for the Defense Department’s ARPANET system, and it operated under a<br>
> contract with the Commerce Department until 2016, when it went fully<br>
> private.<br>
> <br>
> The American roots of the Internet seem to both upset Putin and fuel<br>
> conspiratorial talk. The Russian leader said during a 2014<br>
> interview translated by RT that the Internet “first appeared as a special<br>
> CIA project . . . and the special services are still at the center of<br>
> things.” Dmitry Medvedev, Russia’s former president, complained in a<br>
> February interview: “The Internet emerged at a certain time, and undoubtedly<br>
> the key rights to control are in the United States.”<br>
> <br>
> Russia is ready to rumble over the rules that will shape the future of<br>
> Internet communications. Fortunately, the Biden administration seems<br>
> determined to fight back hard to maintain fair and open rules.<br>
> <br>
> <br>
> <br>
> -- <br>
> <br>
> Best regards, <br>
> Veni<br>
> <a href="https://www.veni.com" rel="noreferrer" target="_blank">https://www.veni.com</a><br>
> pgp:5BA1366E <a href="mailto:veni@veni.com" target="_blank">veni@veni.com</a><br>
> <br>
> The opinions expressed above are those of the <br>
> author, not of any organizations, associated <br>
> with or related to him in any given way. <br>
> <br>
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</blockquote></div>