The 2001 Council of Europe's (CoE) Cybercrime Convention (also known as the Budapest Convention) has been influential across Latin America. As the first international treaty addressing internet and computer crime by harmonizing national laws, the Budapest Convention has acted as a model for cybercrime regulation and production of electronic evidence in various countries in the region. Since 2018, digital rights activists and organizations from all over the world have demanded space for civil society expert input into discussions on the Second Additional Protocol to the Budapest Convention. Despite several attempts of participation and alerts by global civil society, a final text was approved in November 2021 leaving untouched many of the most problematic provisions.
This session will explore the impacts of the Budapest Convention and potential effects of its Second Additional Protocol on Latin American countries. In a first round of discussions, panelists will discuss how global cyber norms have impacted on national discussions and policies, presenting an overview of the development of cybercrime laws in the region and the challenges they still represent to human rights. In a second round, panelists will share their perspectives and concerns on the national adoption of the Second Protocol in Latin America. Discussions will build on previous experiences from different regions and identify how civil society and the private sector can collaborate to mitigate negative implications. Participants will be stimulated to reflect on the spaces for participation in discussions around cybercrime and standards for obtaining electronic evidence across borders.
Host institution: Electronic Frontier Foundation (EFF) | Derechos Digitales