Budapest Convention: Overview, Current Issues & India's Stand - Testbook

The Budapest Convention , also known as the Council of Europe Convention on Cybercrime, is a significant international treaty designed to combat cybercrime globally. This landmark treaty was introduced in 2001 and officially came into force on July 1, 2004.

The Budapest Convention was established with three primary objectives: to enhance investigative techniques in tackling cybercrime, foster cooperation among nations, and standardize national laws pertaining to cybercrime. Moreover, the countries participating in this treaty are required to implement legislation that criminalizes certain cyber-related crimes and establishes specific rules for gathering digital evidence.

This convention was drafted by the Council of Europe in Strasbourg, France, and has been endorsed by 64 countries, including but not limited to Canada, Japan, the Philippines, South Africa, and the United States.

The Budapest Convention addresses several significant cyber offences, such as illegal access to systems, data and system interference, illegal interception, misuse of devices, cyber fraud, cyber forgery, and offences related to child pornography and copyright infringement.

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Detailed Review of the Article

For competitive exam aspirants, especially those preparing for the IAS exam , a comprehensive understanding of the Budapest Convention and its related topics is crucial. This article aims to provide a thorough exploration of the subject.

As an IAS aspirant, it's important to focus on key areas that can help you secure a higher rank in your UPSC prelims and mains exams.

In this article, we delve into a detailed study of the Budapest Convention , highlighting the current issues related to it, its relevance to India, and the proposed Russia-led Convention.

Explore more about India-Russia Relations in the linked article.

Importance in UPSC Prelims/ Mains

The dream of cracking the IAS exam requires dedicated efforts and an in-depth understanding of various concepts. The topic of the Budapest Convention holds significant importance in the UPSC prelims and mains exams, and questions related to this topic often appear in the interview round. Therefore, thorough preparation is key.

Contemporary Issues Surrounding the Budapest Convention

The Budapest Convention serves as a guide for countries in developing comprehensive national legislation against cybercrime. However, recent developments have led to a consensus among stakeholders that the existing mechanism for cross-border data sharing for law enforcement through the Mutual Legal Assistance Treaty (MLAT) is insufficient for the digital age.

A debate is ongoing about whether to create a new system specifically for cybercrimes or to reform the Mutual Legal Assistance Treaty (MLAT). Despite inviting India to join the convention since its inception in 2001, India has chosen not to participate.

The Budapest Convention and Its Relevance to India

From the outset, India has maintained its position as a non-member of the Europe-led Budapest Convention . However, a controversy persists over India's decision to vote in favor of a separate convention under a Russian-led UN resolution. According to reports from the Intelligence Bureau (IB), sharing data with foreign law enforcement agencies infringes upon India's national sovereignty.

Another point of contention raised by India is that the Budapest Convention treaty was drafted without its participation, which is why India is not ready to sign it.

It is also crucial for IAS aspirants to familiarize themselves with India’s Bilateral Relations with other countries. Understanding these diplomatic relations is important from the UPSC exam perspective.

The Proposed Russia-led Convention

In contrast to the Budapest Convention , Russia has proposed a separate convention titled “Countering the use of information and communications technologies for criminal purposes.” This proposal was recently presented to the United Nations General Assembly (UNGA) and is slated to convene in New York in August 2020. According to the proposal, nation-states can coordinate and share data to combat cybercrime more effectively.

The Budapest Convention was challenged by China and Russia on the grounds of national sovereignty issues, leading to the formation of the proposed Russia-led Convention.

This new convention goes beyond what the Budapest Convention offers in terms of cross-border access to data. As a result, many countries, including India, have begun supporting the Russia-led Convention and have voted in its favor. If approved by the UNGA, the Russia-led Convention will become the world’s second international treaty on cybercrime, following the Budapest Convention.

Despite significant support, the Russia-led Convention has faced substantial criticism, particularly from American entities and several human rights groups.

Conclusion

This article provides a comprehensive study of the Budapest Convention, the proposed Russia-led Convention, the relevance of the Budapest Convention to India, and its importance in the IAS exam. We hope these UPSC notes have helped you gain a deeper understanding of the Budapest Convention and its implications for your IAS preparation.

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