Brazil originally refrained from signing the Budapest Convention on Cybercrime and had
expressed scepticism in response to invitations to accede. The argument
advanced was that the treaty is Western-biased and lacking in inclusivity, given that Brazil was not part of the original drafting process. During voting for UNGA
Resolution A/74/401, the Russian-sponsored proposal for a new binding Cybercrime Convention, Brazil abstained; during meetings with the BRICS leaders, however, Brazil had
endorsed Russian pleas for a new cybercrime instrument to replace the Budapest regime. Upon invitation by the Council of Europe, Brazil finally
initiated the process of accession to the Convention in December 2019 and is now an observer country.
Canada’s
National Cyber Security Strategy identifies the activities of malicious cyber actors as a “growing challenge”. Following the adoption of the ‘Protecting Canadians from Online Crime’ Act, Canada acceded to the Council of Europe’s Budapest Convention in 2015 and has since consistently
promoted the instrument as the “best tool to fight cybercrime at the international level”. Canada has
specifically “encourage[d] countries to bolster their anti-cybercrime efforts by becoming Parties to the Convention, or using it as a model to implement their own cybercrime laws”. Moreover, upon Canada’s initiative, the Quintet of Attorneys General (which brings together Attorneys General from Canada, the US, Australia, New Zealand and the UK) issued a
public statement at their July 2019 meeting, expressing their support for the Budapest Convention as a “necessary basic framework for fighting cybercrime” and for the work of the United Nations Open-Ended Intergovernmental Expert Group on Cybercrime (UNIEG). Being part of the ‘like-minded’ group of states, Canada voted against the Russian-sponsored
UNGA Resolution 74/247 aiming at establishing an alternative cybercrime instrument; upon the passage of 74/247 and its follow-up
UNGA Resolution 75/282, however, Canada has been a vocal member of the Ad Hoc Committee on Cybercrime. Prior to the Committee’s May 2021 organizational session, the
Canadian position paper on the Implementation of 74/247 noted that the Committee must “ensure consistency with existing UN treaties in the field of crime prevention and criminal justice, in particular the United Nations Convention against Transnational Organized Crime, the United Nations Convention against Corruption and take into account multilateral instruments that have already proven their usefulness in the fight against cybercrime, in particular the Council of Europe Convention on Cybercrime”. In the same document, Canada emphasized the need for an “inclusive, transparent, constructive, and consensus-based process that will lead to a fair outcome to the benefit of all”. The
first session of the Ad Hoc Committee will be held in New York from 17 to 28 January 2022. Canada’s perspective on the scope, objectives, and structure of the convention was submitted to the Ad Hoc Committee in advance of the start of the first negotiation session (
E).
According to Japan’s
2018 Cybersecurity Strategy, the country is committed to “further [promoting] international partnership through international investigative cooperation and information sharing with international organisations, law enforcement agencies and security information agencies in foreign countries.”
Japan is a party to the Budapest Convention on Cybercrime and mutual assistance treaties (MLAT), voting against the Russian-sponsored
UNGA resolution calling for a new binding cybercrime treaty. Japan has pursued dialogues related to cybercrime cooperation in the context of ASEAN, as well as on a bilateral basis with countries like the UK, USA, and Australia.