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BUDAPEST CONVENTION

Nov. 23, 2019

India maintained its status as a non-member of the Europe-led Budapest Convention, even as it voted in favour of a Russian-led UN resolution to set up a separate convention.

About:

  • The Convention on Cybercrime of the Council of Europe (CETS No.185) is also known as the Budapest Convention on Cybercrime or the Budapest Convention.

  • It is the first international treaty seeking to address cybercrime by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations.

  • The following offences are defined by the Convention: illegal access, illegal interception, misuse of devices, computer-related fraud, offences related to child pornography, and offences related to copyright and neighbouring rights.

  • Timeline: It was opened for signature in Budapest in 2001 and it entered into force in 2004.

  • Participants: It was drawn up by the Council of Europe with the active participation of the Council of Europe's observer states Canada, Japan, Philippines, South Africa and the United States. As of September 2019, 64 states have ratified the convention.

  • Non-participants: Brazil and India have declined to adopt the Convention on the grounds that they did not participate in its drafting. Russia opposes the Convention, stating that adoption would violate Russian sovereignty. 

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