Cybercrime Convention Committee – 2nd Additional Protocol to the Budapest Convention on Cybercrime Discussion Guide
CDT welcomes the opportunity to contribute the observations below in support of the ongoing preparation of a 2nd Additional Protocol to the Budapest Convention. The advance of technology means that law enforcement entities investigating a crime in one county are increasingly seeking data held by a communications service provider in another country. CDT continues to urge that human rights considerations guide cross-border data demands, as discussed in our responses below.
3.1 Context: Rationale for the Protocol – Recap and recent developments
3.2 Provisions for more efficient mutual legal assistance
3.3 Direct cooperation with providers across jurisdictions – mandatory production orders–
British Public Oppose Secret Surveillance Powers and Want Strong Protections for Encrypted Communications
CDT released nationally representative polling data revealing that a the British public are broadly concerned about the security, privacy, and free speech consequences of allowing law enforcement to access encrypted communications.
Responding to the EU-US Negotiations on Reciprocal Data Exchanges for Border Procedures
CDT Europe, together with 29 other civil society organisations and academics, sent an open joint letter to the Council of the EU regarding the worrying direction taken by the European Commission in the EU-US border negotiations with the U.S. government.
Open Joint Letter on a Public Reassessment of the EU-US Adequacy Decision
On 29 June, the US Supreme Court ruled that US President Trump can remove the leaders of independent agencies and commissions, overturning nearly 90 years of precedent limiting executive power. This decision raises serious questions about one of the key safeguards underpinning the EU-US Data Privacy Framework adopted in 2023: independent supervision.
Return of Mass Scanning of Private Communications through Undemocratic Procedure
CDT Europe responds to the European Parliament's vote to revive the interim derogation from the ePrivacy Directive, commonly known as “Chat Control 1.0”, which provides the legal basis for the voluntary, indiscriminate scanning of private communications for known and new Child Sexual Abuse Material (CSAM), and for the solicitation of children.
