Wyden, Merkley, Kaine, Markey, Van Hollen and Booker Warn U.N. Cyber Convention Could Justify Spying and Censorship By China, Russia and Other Authoritarian Regimes

U.N. Convention Against Cybercrime Lacks Safeguards Against Abuse; Senators Urge Admin To Seek Better Balance To Protect Journalism and Human Rights

Washington, D.C. - U.S. Senator Ron Wyden, D-Ore., and five Democratic senators urged the Biden Administration to make clear a United Nations cyber convention should not be used to justify censorship, spying and human rights abuses by authoritarian governments like Russia and China, in a letter released today.

"We fear the Convention will legitimize efforts by authoritarian countries like Russia and China to censor and surveil internet users, furthering repression and human rights abuses around the world," the senators wrote. "While the Executive Branch's efforts to steer this treaty in a less-harmful direction are commendable, more must be done to keep the Convention from being used to justify such actions."

Senators Tim Kaine, D-Va., Jeff Merkley, D-Ore., Edward J. Markey, D-Mass., Chris Van Hollen, D-Md., and Cory Booker, D-N.J. cosigned the letter, which was sent to Secretary of State Antony Blinken, Attorney General Merrick Garland, Commerce Secretary Gina Raimondo and National Security Advisor Jake Sullivan.

The U.N. Convention Against Cybercrime was originally proposed by Russia in 2017 as an alternative to an existing treaty on cybercrime. The U.N. convention is expected to come up for a vote in the U.N. General Assembly as soon as December.

A broad array of advocates for journalism, human rights and national securityhave warned that the convention could be abused by authoritarian regimes to repress political dissent and censor independent reporting, and have urged changes to the measure.

The senators thanked the Biden Administration for seeking changes to improve the convention, but warned that the final document does not go far enough to protect journalists, cybersecurity researchers and human rights advocates against surveillance and censorship by authoritarian regimes.

"As the UNGA considers the Convention, the United States must not align itself with repressive regimes by supporting a Convention that undermines human rights and U.S. interests," the senators wrote. "Instead, the United States should lead the charge at the U.N., with allies and partners, for a more balanced and rights-respecting approach to cybercrime. Upholding the values of freedom and human rights is essential not only for U.S. global standing but also for the protection of vulnerable communities worldwide."

Read the full letter to the administration here.