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.
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 US is a signatory and an early proponent of the Budapest Convention. A big part of American cyber diplomatic activity has, in fact, been focused on promoting the Budapest regime as the global model of cybercrime governance. In 2019, the US firmly opposed the Russian-sponsored resolution calling for an alternative legal instrument to the Convention; following the passing of the resolution, however, the US has agreed to participate in the Ad Hoc Committee established under
UNGA resolution 74/247 despite the fact that the “surprise text” within the
May 2021 resolution was seen as an effort to “circumvent dialogue” and undermine the “balanced, inclusive, consensus-based process” sought by the US.
On a multilateral level, the US is also a party to the UN Convention against Transnational Organised Crime (UNTOC) and the Inter-American Convention on Mutual Legal Assistance of the Organisation of American States (OAS) and is a member of Interpol.
Bilaterally, the US has completed an
agreement with the UK under the CLOUD Act that facilitates cross-border data sharing directly between US companies and the British government; the US is trying to expand this type of bilateral engagement,
currently negotiating a similar agreement with Australia.