The new United Nations Convention against Cybercrime, which originated from Chinese and Russian opposition to the rights-based Budapest Convention, risks enabling cyberespionage under the color of law (colloquially, “cyberlawfare”) against the United States and its partners. The UN treaty’s broad scope, as well as its provisions for extraterritorial jurisdiction, excessive reach of international legal cooperation, and secrecy are particularly vulnerable to abuse, paralleling Chinese and Russian misuse of INTERPOL procedures. The United States and its allies should not join the UN treaty, but instead strengthen engagement with the Budapest Convention, as well as train officials to defend against “cyberlawfare.”
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