The Convention on Cybercrime of the Council of Europe also known as the Budapest Convention
The Convention on Cybercrime of the Council of Europe, also known as the Budapest Convention, is an international treaty that was adopted in 2001 and entered into force in 2004. It was created with the aim of combating cybercrime and promoting international cooperation in this field.
The Budapest Convention establishes a legal framework for the harmonization of national legislation on cybercrime. It provides a series of definitions and criminal categories related to the use of information and communication technologies, such as unauthorized access to computer systems, data or system interference, computer fraud, online child pornography, and offenses related to racism and xenophobia.
The Convention also establishes measures for international cooperation in the fight against cybercrime. These measures include the extradition of suspects, the exchange of information and evidence, mutual legal assistance, the confiscation of assets obtained through cybercriminal activities, and the monitoring and surveillance of online communications.
Furthermore, the Budapest Convention establishes a Cybercrime Committee, composed of representatives from member states, which is responsible for overseeing the implementation and enforcement of the Convention. It also establishes a mutual evaluation mechanism to ensure that states comply with their cybersecurity obligations.
The Convention has been ratified by numerous countries, both European and non-European, and is considered one of the most important instruments in the fight against cybercrime at the international level. However, it is important to note that some countries have not yet ratified the Convention, and there are different approaches and challenges in the implementation of its provisions.
In summary, the Convention on Cybercrime of the Council of Europe (Budapest Convention) is a crucial legal instrument to address cybercrime and promote international cooperation in this area. It establishes a common legal framework and cooperation measures to combat cybercrime, and its implementation and enforcement are essential to ensure cybersecurity and the protection of rights in the digital environment.