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.
The ROK is generally a
strong advocate of strengthening global cooperation against cybercrime. While it is not formally a signatory to the Budapest Convention, the country voted against the Russian-sponsored UNGA
resolution calling for a new binding cybercrime treaty.
To promote cooperation among law enforcement agencies, the ROK’s Supreme Prosecutor’s Office (SPO) convenes regular meetings with the FBI, while also engaging with the Federal Criminal Police Office (BKA) in Germany and the European Cybercrime Centre (EC3) in the Netherlands.
On the basis of an increased awareness that Internet Service Providers (ISPs) are becoming
“important partners to secure electronic evidences”, the SPO works along with Microsoft to operate the Government Security Program (GSP).
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.