Cuba is not a signatory of the Budapest Convention on Cybercrime and has developed its own domestic legal framework in the matter, such as
Decree-Law No. 360/2019 which covers a wide range of crimes related to information and communication technologies. In an ongoing debate surrounding this new legislation, critics say that the law could be used to suppress dissent and
limit freedom of expression online.
The 2021
International Cyber and Critical Tech Engagement Strategy recognises that Australia, and the Indo-Pacific region more widely, faces a “worsening” cybercrime landscape characterized by “expanding threats, low barriers to entry, and increasingly resourceful actors”. Australia acceded to the Council of Europe’s Budapest Convention in 2013 and has since been
vocal about the Convention’s status as the “most comprehensive and effective basis upon which to pursue a common international approach”. The country voted against the Russia-sponsored UN
resolution on the establishment of a new cybercrime treaty; however, upon the passage of the resolution and the subsequent
creation of a dedicated Ad Hoc Committee, Australia has been active in
advocating for a “transparent, inclusive, and consensus-based process with multi-stakeholder participation”. More specifically, it has
stated that the new Convention should “draw heavily” from existing international instruments such as the UN Convention against Transnational Organized Crime (UNTOC), the UN Convention against Corruption (UNCAC), and especially the Budapest Convention, so as to avoid undermining these regimes and ensure the protection of human rights. Australia has additionally placed great emphasis on the need for international cooperation, with the 2021
Strategy noting that “information sharing, discussion and capacity building are vital to any meaningful response to the threat posed by cybercrime”. The country has launched numerous regional cooperation and capacity-building initiatives, partnering with Pacific Island countries (Tonga, Fiji, Samoa, Vanuatu, Solomon Islands, Niue, Tuvalu) to advance cybercrime law reform and ensure alignment with Budapest provisions.
Montenegro is a party to the Council of Europe-sponsored Budapest Convention, ratifying it in 2010. In February 2013, Montenegro signed the regional Declaration on Strategic Priorities against Cybercrime, which “identified strategic priorities” that largely reflect the spirit and content of the Budapest provisions. [
x] The 2018-2021 Strategy lists several developments that have contributed towards strengthening the capabilities of law enforcement authorities in dealing with cybercrime: these include the establishment of a dedicated High-Tech Crime Group within the Ministry of Interior, while the National Security Agency is making “significant efforts aimed at creating normative and operational mechanisms for fighting against cybercrime and espionage”. [
x]
Many thanks to Ms Ana Minevski for her valuable comments.