Global Cyber Governance

Syllabus: Important international institutions, agencies and fora, their structure and mandate

UN Convention on Cybercrime

  • United Nations convened a signing ceremony for the Convention against Cybercrime.
  • Convention adopted by the General Assembly in December 2024, supported by 72 countries.
  • It is the only multilateral criminal justice instrument negotiated in over two decades.
  • India, the United States, Japan, and Canada did not sign the Convention.
  • Non-signing reflects fractures in global governance of cyberspace.

Negotiation Process and Global Context

  • Convention originated from a 2017 Russian-sponsored UN resolution.
  • Negotiations involved eight formal sessions and five intersessional consultations.
  • Inputs were taken from civil society experts and private sector stakeholders.
  • Process highlights challenges in consensus-building within an uncertain global order.

Competing Frameworks and Strategic Alignments

  • Russia and China aimed to reshape cyber governance beyond the 2001 Budapest Convention.
  • Budapest Convention has 76 parties and restricts membership to invited states.
  • India remained outside Budapest due to its non-inclusive accession structure.
  • The UN Convention is open to all states, but remains politically divisive.

European and American Perspectives

  • Europeans signed the UN Convention to retain early influence in implementation mechanisms.
  • EU justified participation to maintain a meaningful voice in operational phases.
  • U.S. civil society groups warned of broad crime definitions affecting journalists and activists.
  • American policymakers expressed concern over human rights and authoritarian misuse.

India’s Strategic Calculus

  • India actively engaged in negotiations but failed to secure institutional data control provisions.
  • India’s stance reflects caution about ceding sovereignty in global cyber rulemaking.
  • The country’s influence has declined since earlier climate diplomacy leadership among developing nations.

Principles Versus Practice Gap

  • Convention allows flexible definitions of cybercrime, risking rights dilution.
  • Procedural safeguards depend on domestic legal frameworks of signatory states.
  • India’s AI watermarking proposal shows prescriptive implementation of universal safety principles.

Polycentric Global Governance Challenges

  • U.S. reduced financial contributions to the United Nations system.
  • Security Council effectiveness questioned in Ukraine and Gaza conflicts.
  • WTO dispute-settlement mechanism remains paralysed since 2019.
  • Cyber governance shifting towards plurilateral and bilateral consensus structures.

Implications for India

  • India must build technical capacity to navigate overlapping global governance institutions.
  • Retaining institutional autonomy requires multi-level engagement and domestic regulatory reforms.

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