Costa Rica is one of the few Latin American countries to have signed the Budapest Convention on Cybercrime, along with the First and Second Protocol (this one was signed in 2022 but yet to be ratified), and is at the forefront of cybercrime legislation in the region.
National legislation on cybercrime is
fully compliant with the Convention and is contained in the Law on Intervention of Telecommunications and the Law of
Computer Crimes and Related Crimes. It includes penalties for committing cybercrimes in the country. Additionally, legislative regulations were introduced to govern the use of social networks and other electronic means.
Their
Cybersecurity Policy from 2017 was updated in 2021 with the creation of the CSIRT, the implementation of cybersecurity protocols across public institutions and the establishment of partnerships with strategic actors, mainly in the private sector.
The
Information Society and Information Security Development Strategy for the period 2021-2026 provides a comprehensive approach to the field of information security, which includes both (a) information security of ICT systems of special importance and security of the Republic of Serbia, and (b) security of citizens and businesses, which is particularly reflected through the fight against cybercrime. Its predecessor, the 2017
Strategy for the Development of Information Security, in turn, indicates the fight against cybercrime as one of the government’s five key priorities.
In light of EU accession negotiations, Serbia has signed and ratified the Council of Europe Convention on Cybercrime (Budapest Convention), including its Additional Protocol on Xenophobia and Racism Committed Through Computer Systems. Nevertheless, the country also voted in favour of UNGA resolution 74/247 calling for an international legal instrument to govern this domain. Domestically, the national legislative framework has been developed in accordance with the Budapest Convention and EU legislation. A High-Tech Crime Unit has recently been
established within the special prosecutor’s office, along with three specialised units: crime analysis; terrorism and extremism; and drug prevention, addiction and repression.
Serbia is a member of Interpol, with which the country has
discussed ways to enhance cooperation with regard to combatting cybercrime. Serbia is also gradually developing its own bilateral cooperation network, signing a Cooperation Memoranda with India in 2016 [
x] and Romania in 2017 [
x] as well as receiving assistance from Russian experts [
x].
Special thanks to Ms Maja Lakusic for her valuable comments.
Under the auspices of the OEWG, India has highlighted the need for
“real-time cooperation between government agencies” in combatting cybercrime, cyberterrorism, and cyber threats more widely. To date, however, India has not signed any international cybercrime agreement. It voted in favour of a Russia-sponsored
UNGA Resolution calling for the establishment of a separate cybercrime treaty.
Despite having brought its legal framework largely in alignment with the Budapest Convention, India remains a non-party because
the document was drafted without the country’s participation, thus rending the treaty discriminatory. Another big objection has been raised on the basis of section 32.b, which gives intelligence agencies trans-border access to data for the purposes of criminal investigations with lawful and voluntary consent - a concern shared by Russia.
It has also been
argued that the Mutual Legal Assistance (MLA) regime under Budapest is not effective, as it does not commit states to a firm promise of cooperation; from the perspective of the Indians, it would be
preferable to replace this regime with a UN-driven process.