Budapest Convention

BUDAPEST
CONVENTION ON
CYBERLAW
BY:- Dr. Sunowar Ameer
Assistant Professor
INTRODUCTION TO THE CONVENTION
• The Convention on Cybercrime, also known as the Budapest
Convention on Cybercrime or the Budapest Convention, is the first
international treaty seeking to address:-
• Internet and computer crime (cybercrime) by harmonizing national laws,
• Improving investigative techniques
• increasing cooperation among nations.

ORIGIN
• It was drawn up by the Council of Europe in Strasbourg, France with the active
participation of the Council of Europe's observer
states Canada, Japan, Philippines, South Africa and the United States.
• The Convention and its Explanatory Report was adopted by the Committee of
Ministers of the Council of Europe at its 109th Session on 8 November 2001.
• It was opened for signature in Budapest, on 23 November 2001 and
• it entered into force on 1 July 2004.
• october 2022, 67 states have ratified the convention,
• while a further 2 (Ireland & south Africa) had signed the convention but not
ratified it.
CONTINUED…..
• India and Brazil( they do not participate in its drafting)
• Russia have not signed it, (adoption would violate Russian sovereignty, and has
usually refused to cooperate in law enforcement investigations relating to
cybercrime)
• The Budapest Convention is a criminal justice treaty that provides States with
• (i) the criminalisation of a list of attacks against and by means of computers;
• (ii) procedural law tools to make the investigation of cybercrime and the securing
of electronic evidence in relation to any crime more effective and subject to rule
of law safeguards; and
• (iii) international police and judicial cooperation on cybercrime and e-evidence.
Cybercrime Convention Committee
• These States that currently amount to 67, together with ten
international organisations (such as the Commonwealth Secretariat,
European Union, INTERPOL, the International Telecommunication
Union, the Organisation of American States, the UN Office on Drugs
and Crime and others), participate as members or observers in the
Cybercrime Convention Committee.
• Parties, and keeps the Convention up-to-date.
• Current efforts focus on solutions regarding law enforcement access
to electronic evidence on cloud servers.
OBJECTIVES
The treaty had three prime objectives,
1.the improvement in investigative techniques,
2. increase in the cooperation among nations,
3. harmonizing national laws.
Apart from these, the participating countries needed to

embrace legislation outlawing specified cyber-related crimes
along with several definite evidence-gathering rules .
• Some of the significant cyber offences that the Budapest Convention attended
include
• illegal access,
• data interference,
• illegal interception,
• misuse of devices,
• system interference,
• cyber fraud,
• cyber forgery,
• offences in child pornography, and
• offences concerning neighbouring rights and copyright.
SUBJECT MATTER OF THE
CONVENTION
• deals particularly with
• infringements of copyright,
• computer-related fraud,
• child pornography,
• hate crimes, and
• violations of network security.
• It also contains a series of powers and procedures such as the search
of computer networks and lawful interception.
OBJECTIVES OF THE CONVENTION
The Convention aims principally at:
• Harmonizing the domestic criminal substantive law elements of
offenses and connected provisions in the area of cyber-crime
• Providing for domestic criminal procedural law powers necessary for
the investigation and prosecution of such offenses as well as other
offenses committed by means of a computer system or evidence in
relation to which is in electronic form
• Setting up a fast and effective regime of international cooperation
SOME CYBER OFFENCES HAVE BEEN
DEFINED
• The following offenses are defined by the Convention: illegal access,
illegal interception, data interference, system interference, misuse of
devices, computer-related forgery, computer-related fraud, offenses
related to child pornography, and offenses related to copyright and
neighboring rights.
ALSO PROVIDES FOR PROCEDURAL
PROVISIONS
• It also sets out such procedural law issues as
• expedited preservation of stored data,
• expedited preservation and
• partial disclosure of traffic data
• production order,
• search and seizure of computer data,
• real-time collection of traffic data, and
• interception of content data.
Budapest Convention Context with India
•Since the beginning, India has successfully held its status high as a non-member of
the Budapest Convention led by Europe. Although, a controversy where India
voted to set up a separate convention favouring a Russian-led UN resolution is still
prevalent. As per the reports released by the IB or the Intelligence Bureau, sharing
data with foreign law enforcement agencies violates India’s national sovereignty.
•Another argument that India strongly presented previously is that we are not ready
to sign the same since the Budapest convention treaty was drafted without its
participation.

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BUDAPEST

• Improving investigative techniques

• increasing cooperation among nations.

Apart from these, the participating countries needed to

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