US likely to support 'cybersecurity' that has been designed to increase global-scale mass surveillance

The United States is expected to support a contentious international cybercrimes treaty that critics warn could undermine global cybersecurity and enable mass surveillance. Reports suggest that the Biden administration is likely to back the treaty, despite warnings from human rights groups and businesses about its potential misuse by authoritarian regimes.

The treaty, finalised by a United Nations committee in August, seeks to improve international collaboration in combating cybercrime. It outlines measures for countries to collect and share data on suspects, ease the extradition of cybercriminals, and confiscate crime-related proceeds.

The treaty also mandates digital service providers to retain and share sensitive user data, such as real-time web traffic, subscriber details, and message contents, with law enforcement upon legal request. These data requests are required to remain confidential.

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However, human rights advocates, including the UN’s Office of the High Commissioner for Human Rights, have expressed grave concerns. They argue that the treaty’s overly broad definition of cybercrime could be exploited to target journalists, activists, and dissidents.

The provisions could extend to tech-related offences like cyber-libel or incitement, which have previously been weaponised against protestors in some countries.

Critics point out that, although the treaty includes a clause stating it should not be used to suppress human rights, the language is vague and may fail to prevent abuse.

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Human Rights Watch’s Executive Director, Tirana Hassan, has cautioned that the treaty could become a powerful tool for governments to conduct widespread surveillance across borders without sufficient checks. The worry is that it might open the door to cross-border investigations of a wide range of offences, lacking adequate safeguards to protect individuals from state overreach.

The tech industry has also raised alarms. Microsoft’s Director of Digital Diplomacy, Nemanja Malisevic, stressed that the treaty prioritises data access and surveillance under the guise of fighting cybercrime. He argued that the agreement threatens data privacy, digital sovereignty, and online freedoms, with insufficient measures to curb potential government abuses.

Despite these objections, the US appears set to vote in favour of the treaty at the United Nations. However, ratifying the treaty domestically would require approval by two-thirds of the Senate, a significant challenge that may prevent full US implementation.

The outcome of this international vote could have far-reaching implications, especially concerning how data privacy and digital rights are balanced against the need for enhanced global cybersecurity.