Ad Hoc Consultation: Wednesday 31st January, Morning session

31 Jan 2024 16:00h - 19:00h

Table of contents

Disclaimer: This is not an official record of the WEF session. The DiploAI system automatically generates these resources from the audiovisual recording. Resources are presented in their original format, as provided by the AI (e.g. including any spelling mistakes). The accuracy of these resources cannot be guaranteed. The official record of the session can be found on the WEF YouTube channel.

Full session report

Delegates Deliberate on Cybercrime Convention Draft, Focusing on Preventive Measures and Technical Assistance

During an ad hoc committee meeting chaired by Koichi Warisawa, delegates engaged in detailed discussions on the revised draft text of a convention, focusing on Article 53 regarding Preventive Measures and Chapter 7 on Technical Assistance and Information Exchange. The Chair urged flexibility and compromise, highlighting the limited time available to reach consensus on these critical chapters.

The Chair’s methodical approach involved reviewing the draft text paragraph by paragraph and seeking agreement from the floor. For Article 53, amendments to the original draft were noted, including the deletion of certain phrases and the inclusion of language encouraging service providers to take preventive measures. While there was general agreement on the article’s content, debates arose over the role of stakeholders and the language describing offences covered by the convention. Some paragraphs were agreed upon ad referendum, but others, such as subparagraph G on gender-based violence and vulnerable persons, remained open for further discussion.

Chapter 7’s Article 54, Paragraph 1, sparked contention due to its address of technology transfer, which is crucial for developing states. A divide emerged between delegations favoring additional qualifiers like “voluntary” and “mutually agreed terms” for technology transfer and those opposing further caveats, arguing they could hinder the effectiveness of technical assistance and capacity building. The Chair encouraged delegations proposing alternative language to share their proposals to facilitate consensus.

Throughout the session, the Chair maintained neutrality and accommodated all viewpoints, ensuring each delegation had the opportunity to express their stance within the allotted time. The Chair’s leadership in such a negotiation was marked by a commitment to efficiency and inclusiveness.

The meeting concluded with several paragraphs of the draft text still open for debate. The Chair announced the schedule for subsequent sessions, indicating that discussions would continue in both plenary and informal settings, aiming to resolve the remaining issues in the chapters under consideration.

Key observations from the transcript include the complexities of international negotiations, where language precision, legal implications, and diverse state interests significantly shape a convention’s final text. The discussions reflected the balance between international cooperation needs and state sovereignty, particularly regarding technology transfer and capacity building. The session underscored technical assistance’s importance for effectively implementing the convention, especially for developing countries that may lack the necessary resources and expertise to combat cybercrime independently.

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