[Chapter-delegates] information about replacement fo Budapest convention in EU - What ISOC is doing

[Mike Godwin]

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.

Mike



On Wed, Jul 7, 2021 at 9:06 AM 32888 via Chapter-delegates <
chapter-delegates at elists.isoc.org> wrote:

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