The United Nations Ad-hoc Committee for Development of an International Cybercrime Convention: Overview and Key Observations from Week II of the Fifth Substantive Session

Sukanya Thapliyal

In Part I of the two-part blog series, we briefed our readers on the developments that took place in the first week of the Fifth Session of the Ad-Hoc Committee. In Part II of the series, we aim to capture the key discussion on provisions on (i) technical assistance, (ii) preventative measures, (iii) final provisions and (iv) the Preamble.

1. Provisions on Technical Assistance:

The Chapter on Technical Assistance listed down provisions including, general principles of technical assistance, and provision setting the scope of technical assistance (Training and technical assistance, exchange of information, and implementation of the Convention through economic development and technical assistance). The provisions listed under this Chapter highlight the importance of technical assistance and capacity building for developing countries. Further, the provisions also lay down obligations and responsibilities on the State Parties to initiate, develop and implement the widest measure of technical assistance and capacity-building that includes material support, training, mutual exchange of relevant experience and specialised knowledge, among others. 

All of the Member Countries and non-member Observer States were in agreement on the importance of the Chapter on technical assistance as an essential tool in combating and countering cybercrime. Technical assistance and capacity building helps in developing resources, institutional capacity, policies and programmes that help in mitigating and preventing cybercrime. A number of developing countries including, Iran, China, Nigeria, South Africa provided suggestions such as inclusion of “transfer of technology” and “technical assistance” to the existing text of the provisions in order to effectively broaden the scope of the chapter. 

On the other hand, several developed countries, including the United Kingdom, Germany, Japan, Norway, and Australia emphasised that provisions relating to technical assistance and capacity building should be voluntary in nature and should avoid an overly prescriptive approach. It should rather be based on mutual trust, be demand-driven, and correspond to nationally identified needs and priorities. These State Parties accordingly provided alternative provisions on similar lines for the said Chapter for the consideration of Member Countries and the Chair. 

The fifth session of the Ad-Hoc committee witnessed advanced discussions on technical assistance. Previously, technical assistance was discussed in the third session of the ad-hoc committee where discussions primarily revolved around the submission/ proposals from the Member Countries and non-member observer States. The CND presented ahead of the fifth session was well articulated and neatly organised into various provisions outlining the scope and mechanisms for technical assistance and capacity building to meet the objectives of the Convention.

2. Provisions on Preventative Measures: 

The provisions charted out under the Chapter on the Preventative Measures (Article 91 to 93 of CND) included general provisions on prevention, establishment of authorities responsible for preventing and combating cybercrime, and prevention and detection of transfers of proceeds of cybercrime. The chapter underscores the role of effective preventative measures and substantial impact of these measures in attaining the objectives of the proposed convention and reducing the immeasurable financial losses incurred by the States due to cybercrime. 

Majority of State Parties signalled their support on inclusion of the chapter on Preventative Measures. In addition, non-member observer States and the Member States including European Union, Netherlands, United Kingdom, Australia, New Zealand, Canada, United States of America made interesting proposals on building effective and coordinated policies for prevention of cybercrime. These Member Countries argued in favour of broadening the current understanding of the term “vulnerable groups”, inclusion of the reference of international human rights, and advocated for developing, facilitating and promoting programmes and activities to discourage persons at risk of committing cybercrime.  

There were interesting proposals aimed at strengthening cooperation between law enforcement agencies and relevant entities (private sector, academia, non-governmental organizations and general public) to counter gender-based violence and mitigate the dissemination of children sexual abuse and exploitation material online. The Member Countries also supported the proposal for Offender Prevention Programmes aimed at preventing (repeated) criminal behaviour among (potential) offenders of cyber-dependent crime.

Member Countries such as China submitted in favour of inclusion of classified tiered measures to provide multi-level protection schemes for cybersecurity. They also called for legislative and other measures to require service providers in their respective territory to take active preventive and technical measures. 

The discussions undertaken in the fifth session of the Ad-Hoc committee were based on the text provided under the CND in the form of concrete provisions wherein various participants provided their detailed submissions on the text. The session also witnessed new proposals on technical assistance such as multi-level protection schemes for cybersecurity, 24*7 network, preventive monitoring to timely detect, suppress and investigate crimes by different Member Countries.

3. Final Provisions

The Chapter on Final Provisions (Article 96-103 of the CND) listed crucial provisions namely, implementation of the Convention, relation with protocols, settlement of disputes concerning the interpretation or implementation of the Convention, and the signature, ratification, acceptance, approval and accession to the Convention. The CND also included provisions relating to the date of enforcement and procedure of amendment to the Convention. 

The Member States and non-members observer States unanimously recognised the importance of the provisions listed under the Chapter on Final Provisions. The non-member observer State and the Member Countries, including the United States of America, Singapore, European Union and others, emphasised that the provision listed under the CND should be in conformity with the existing legal instruments and other existing regional conventions. 

Member Countries such as China and Russia also recognised the importance of the existing legal frameworks. However, these countries further reminded the State Parties that comprehensiveness and universality are the twin goals of this Convention. Therefore, these countries stressed on the need for a “harmonious approach” or a “mutually reinforcing approach” regarding the same. 

Beside this, the Member States also showcased divergent opinions on the minimum number of ratification required for the Convention to come into force. Member Countries, including USA, Norway, New Zealand, Singapore and Canada, have opted for at least 90 ratifications. Member Countries, including Russia, Egypt, China, Brazil, India, and Nigeria, have supported thirty ratifications. Beside these, Japan, United Kingdom, European Union, Ghana and others have opted for forty to fifty ratifications as reasonable for the proposed Convention to come into force. 

The Member Countries supporting wider ratification have submitted that the support of a large number of Member States is indispensable for the success of the prospective Convention. On the other hand, the Member Countries supporting 30 ratifications have focused on the urgency of action in respect of cybercrime and therefore have supported a minimum number of ratifications to get the Convention up and running at the earliest.

Aside from this, Member Countries such as Mexico floated an interesting proposal to devise and incorporate Technical Annexes for ensuring that this Convention adapts and responds adequately to new and emerging challenges. The proposal garnered significant support from other State Parties. 

4. Preamble of the Convention

The CND tabled for the fifth session also featured the draft Preamble for the Convention. Member Countries and non-member observer States unanimously agreed on the inclusion of the Preamble to the prospective convention. The Member Countries maintained that the Preamble is an integral part of the convention and features the purpose and intention of the Convention. 

At the same time, several Member Countries stated that the draft Preamble provided under the CND can be improved further in order to bring more clarity. The Member Countries accordingly provided a wide range of suggestions regarding the same. 

Member Countries such as CARICOM, Norway, Dominican Republic, Kenya, Brazil, suggested that the Preamble should highlight the challenges and opportunities (negative economic and social implications) faced by the Countries with regard to information and communications technologies. Member States including Mexico, New Zealand, Singapore and others proposed the inclusion of – promotion of open, secure, stable, accessible and peaceful cyberspace, application of international law and human rights – in the Preamble of the CND. 

Additionally, Member States suggested the inclusion of denying safe havens to those who engage in cybercrime, prosecuting cybercrimes, international cooperation, collection and sharing of evidence, recovering and returning proceeds of cybercrime, technical assistance and capacity building as key objectives of the Convention. The Member States also recognised the seriousness of use of information and communications technologies violence against women and girls and children; consequently, they called for the inclusion of these concerns in the Preamble of the prospective Convention. 

Way Forward 

The intensive discussion between the Chair, Member States and non-member observer States on various agenda items culminated in the text of the CND being revised. The views expressed will be taken into consideration by the Chair in developing a more advanced draft text of the convention, in accordance with the road map and mode of work for the Committee, adopted at its first session (A/AC.291/7, annex II).

The United Nations Ad-hoc Committee for Development of an International Cybercrime Convention: Overview and Key Observations from Week I of the Fifth Substantive Session.

By Sukanya Thapliyal

Introduction

Last month from April 11-21, 2023, the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies (ICTs) for Criminal Purpose held its Fifth Session in Vienna. As we reported earlier, the negotiating process has reached a pivotal stage, wherein the Member Countries are negotiating on the basis of a Consolidated Negotiating Document (CND).

The Fifth session of the Ad Hoc Committee was aimed at conducting the second reading of the provisions of the CND which are as follows – 1] international cooperation, 2] technical assistance, 3] preventative measures 4] mechanism of implementation 5] the final provisions, and 6] the preamble. Much like previous sessions, Member States, and non-member observer States were supported and facilitated by the Chair, the Secretariat and multistakeholder group consisting of global and regional intergovernmental organisations, civil society organisations, academic institutions and the private sector.

Over the two-part blog series, we aim to provide our readers with a brief overview and our observations from the discussions during the Fifth substantive session of the Ad-hoc Committee. Part I of the blog captures the consultations and developments concerning the draft chapter on International Cooperation. In addition, we also attempt to familiarise readers with the emerging points of convergence and divergence of opinions among different Member States, non-member observer States and implications for the future negotiation process.

In part II of the blog series, we will be laying out the discussions and exchanges on (i) preventive measures, (ii) technical assistance, (iii) the final provisions; and (iv) the preamble.

Provisions on International Cooperation (Agenda Item 4)
The Chapter on International Cooperation provided under the CND lists 28 provisions subdivided into seven clusters that include a range of provisions such as – 1] general principles on international cooperation and personal data 2] provisions relating to extradition, transfer of sentenced persons and transfer of criminal proceeding 3] general principles and procedure relating to mutual legal assistance 4] provisions relating to expedited preservation and sharing of data and 5] provisions on law enforcement cooperation

Some of our key observations from Week 1 on different draft provisions listed under Chapter on International Cooperation are as follows:

Cluster 1: General principles of international cooperation and protection of personal data

Cluster 1 provisions provided under the chapter on international cooperation listed two provisions namely: (i) General principles of international cooperation and (ii) Protection of personal data.

(i) The general principles of international cooperation: This is an overarching provision applicable to the chapter on international cooperation. The said provision mandates the State Parties to cooperate in matters relating to preventing, detecting, investigating, prosecuting and adjudicating cybercrime. The scope of international cooperation also includes collecting, obtaining, preserving and sharing evidence and is based on the principle of reciprocity and in accordance with the domestic laws of the State parties.

The Member States were broadly in consensus on inclusion of general principles on international cooperation. However there was some disagreement. Some states including European Union, Canada, New Zealand, Australia proposed for narrow application of the chapter extending only to the offences criminalised under the proposed Convention. On the other hand, member Countries including India, and Colombia, were in favour of broader application of the Convention extending to range of cybercrime.

Further, several State Parties including the European Union, United Kingdom, Australia and New Zealand also proposed for the mentioning of personal data protection, grounds for refusal of request for extradition or providing assistance within the provision on general principles.

(ii) Protection of Personal Data: The provision on protection of personal data obligates the State Parties to ensure that personal data transmitted on the basis of a request made in accordance with the Convention should only be used for stated purposes such as investigations or proceedings concerning criminal offences and should adhere to data minimisation and purpose limitation. The provision also mandates the State Parties to ensure that such data is protected against loss or accidental or unauthorised access, disclosure, alteration or destruction.

Majority of State Parties were in agreement on inclusion of provision on personal data protection. However, a few Member States including CARICOM, China, Iran, Singapore and the United States were not in agreement on inclusion of this provision stating lack of relevance of the provision to the Convention.

Non-member observer European Union proposed an alternate provision on protection of personal data. The said proposal included a more elaborate set of obligations for the State Parties relating to maintenance of accurate and complete personal data, periodic review of the need for the storage of personal data, requirement for publication of general notices to the persons whose personal data have been collected and provision for effective judicial and non-judicial remedies to provide redressal to affected person.

Cluster 2: Provisions relating to extradition, transfer of sentenced persons and transfer of criminal proceedings

The provision relating to extradition under Cluster 2 under the chapter on international cooperation deals in extradition of a person who is the subject of the request for extradition is present in the territory of the requested State Party. The provision requires that extradition is permissible where extradition sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

A large number of Member States were in agreement on inclusion of the said provision. Additionally, Member States including Nicaragua proposed the addition of political offence and offences punishable with death penalty under domestic laws as grounds of refusal for request of extradition. Beside this, several new proposals regarding expedited extradition, temporary surrender, surrender of property were also placed by Member Countries including Armenia.

Cluster 4- General principles and procedures relating to mutual legal assistance

Cluster 4 of the chapter on international cooperation included provision relating to general principles and procedures relating to mutual legal assistance, establishment of electronic databases on mutual legal assistance requests, spontaneous information, emergency mutual legal assistance, and 24/7 network. The provision outlining general principles laid down the scope, general rules and grounds for refusal of mutual legal assistance. The provision relating to maintaining electronic databases aimed to facilitate access to statistics relating to incoming and outgoing requests for mutual legal assistance involving electronic evidence. Besides this, the provisions relating to spontaneous information, emergency mutual legal assistance, and 24/7 network were also included within the text of CND to set up an effective and efficient system in place.

The Member States were broadly in agreement on inclusion of these provisions within the text of the prospective Convention. In addition, Member States including the European Union, United Kingdom, New Zealand and others proposed some additional grounds for refusal of mutual legal assistance, namely: refusal of request wherein the person affected is in danger being subjected to the death penalty, a life sentence without possibility of parole, torture, inhuman or degrading treatment or where the offence is political in nature.

Cluster 5: Provision relating to mutual legal assistance in expedited preservation of data, stored computer data, expedited disclosure of preserved traffic data and others

The cluster 5 provision placed under chapter on international cooperation listed provisions relating to mutual legal assistance in expedited preservation of data, stored computer data, expedited disclosure of preserved traffic data, accessing stored computer data, and cross-border access to stored data.

A large number of Member States were in agreement on inclusion of these provisions. In addition, there were new proposals relating to Mutual legal assistance in the expedited disclosure of preserved traffic data and expedited production of subscriber information and traffic data by Pakistan and India respectively. The said inclusion was opposed by the United States of America, the European Union, New Zealand, Canada and others.

Cluster 6- Provisions related to law enforcement cooperation, public-private partnership to enhance investigation of cybercrime, joint investigations and special investigative techniques

The provisions listed under Cluster 6 of the Chapter on international cooperation include obligations relating law enforcement cooperation, public-private partnership to enhance investigation of cybercrime, joint investigations and special investigative techniques, among others. The provision on law enforcement cooperation laid the obligation on the State Parties to cooperate closely to enhance the effectiveness of law enforcement action to combat cybercrime. The provision on public-private partnership assists their respective law enforcement agencies in developing appropriate guidelines and cooperating directly with relevant service providers to streamlining cooperation with industry. Further the CND also featured provisions on joint investigations, cooperation through special investigative techniques such as electronic or other forms of surveillance and undercover operations by its competent authorities to provide a lawful basis for collection of such evidence for use in investigations and prosecutions.

The provisions listed under cluster 6 enjoy support by multiple State Parties. However, some of the Member States including the European Union, the United States of America, Japan, Singapore, Canada, Norway, China and others have opposed the inclusion of provision Public-private partnerships to enhance the investigation of cybercrime.

Conclusion

Since the First Session of the Ad-Hoc Committee, the Member Countries have come a long way in arriving at a CND wherein the negotiations are now taking place in a more concrete and cohesive manner. Although Member Countries are still exhibiting diverse views on several provisions, the discussions have arrived at a crucial stage. The sixth session of the Ad-hoc committee is likely to be a watershed moment for the cybercrime convention in defining the finalised text of the convention that will be placed before the 78th session of the United Nation General Assembly in September 2023.

The United Nations Ad-hoc Committee for Development of an International Cybercrime Convention: Overview and Key Observations from First Substantive Session

Sukanya Thapliyal

Image by United Nation Photo. Licensed via CC BY-NC-ND 2.0

Earlier this month, the Centre for Communication Governance at National Law University Delhi had the opportunity to participate as a stakeholder in the proceedings of the United Nations Ad-hoc Committee, which has been tasked to elaborate a comprehensive international convention on countering the use of information and communications technologies (ICTs) for criminal purposes (“the Ad Hoc Committee”). 

In this blog, we present a brief overview and our observations from the discussions during the first substantive session of the Ad-hoc Committee. Furthermore, we also attempt to familiarise the reader with the emerging points of convergence and divergence of opinions among different Member States and implications for the future negotiation process. 

1. Background 

The open-ended Ad-hoc Committee is an intergovernmental committee of experts representative of all regions and was established by the UN General Assembly-Resolution 74/247 under the Third Committee of the UN General Assembly. The committee was originally proposed by the Russian Federation and 17 co-sponsors in 2019. The UN Ad-hoc Committee is mandated to provide a draft of the convention to the General Assembly at its seventy-eighth session in 2023 (UNGA Resolution 75/282). 

Presently, the Budapest Convention, also known as Convention on Cybercrime is the most comprehensive and widely accepted legal instrument on cybercrime which was adopted by the Council of Europe (COE) and came into force in July, 2004. However, the work of the Ad-hoc Committee is significant and can pave the way for the first universal and legally binding instrument on cybercrime issues. The Committee enjoys widespread representation from State and Non-State stakeholders (participation from the non-governmental organizations, civil society, academia and private organizations) and other UN bodies, including the United Nations Office on Drugs and Crime (UNODC), serving as the secretariat for the process. 

The Ad-hoc Committee, over the next two years, is set to have six sessions towards developing this cybercrime convention. The convention is expected to foster coordination and cooperation among state actors to combat cybercrime while giving due regard to the peculiar socio-economic conditions prevailing in the developing and least-developed countries. 

The first substantive session of the Ad-hoc Committee was scheduled for 28 February-11 March 2022 to chart out a clear road map to guide subsequent sessions. In addition, the session also provided opportunity to the Member States to explore the possibility of reaching a consensus on the objective and scope of the Convention, which could provide a general framework for future negotiation without constituting a pre-condition for future stages. 

2. Discussions at the First Ad-hoc committee

The first session of the Ad-hoc Committee witnessed extensive discussions in sessions on general debate, objective and scope of the convention, exchange of preliminary views on key elements of the convention. In addition, a fruitful engagement took place in the sessions dedicated to arriving at a consensus on the structure of the convention (A/AC.291/L.4/Add.4). Member states also reached consensus on  discussion and decision-making on the mode of work of the Ad Hoc Committee during subsequent sessions and intersessional periods (A/AC.291/L.4/Add.6). As the negotiations commenced days after the Russia-Ukraine conflict began, the negotiations proceeded in a tense environment where several Member States expressed their concerns and-inability to negotiate in “good faith” in the light of the current state of play and condemned Russia for the military and cyber operations directed at Ukraine.

A. Scope of the convention: From “Cyber-Enabled” to “Cyber-Dependent” Crimes 

There was complete agreement on the growing importance of ICT technologies, the threat created by cybercriminals, and the need for a collective response within a sound international framework. However, countries highlighted different challenges that range from ‘pure cybercrimes’ or cyber dependent crimes to a broader set of crimes (cyber-enabled crimes) that includes misuse of ICT technologies and digital platforms by terrorist groups, deepfakes, disinformation, misinformation, false narrative, among others. 

While there was a broad consensus on including cyber dependent crimes, there was significant disagreement on whether cyber-enabled crimes should be addressed under the said convention. This divergence was evident throughout the first session with the EU, the US, the UK, New Zealand, Australia, Liechtenstein, Japan, Singapore and Brazil advocating to limit the operation of such a convention only up to cyber dependent crimes (such as ransomware attacks, denial of services attack, illegal system interference, among others). The member states maintained that the said convention should exclude vague and broadly defined crimes that may dilute legal certainty and disproportionately affect the freedom of speech and expression. Furthermore, that the convention should include only those cyber enabled crimes whose scale scope and speed increases substantially with the use of ICT technologies (cyber-fraud, cyber-theft, child sexual abuse, gender-based crime). 

On the other hand, the Russian Federation, China, India, Egypt, South Africa, Venezuela, Turkey, Egypt expressed that the convention should include both cyber dependent and cyber enabled crimes under such a convention. Emphasizing the upward trend in the occurrence of cyber enabled crimes, the member states stated that the cybercrime including cyber fraud, copyright infringement, misuse of ICTs by terrorists, hate speech must be included under the said convention.

There was overall agreement that cybersecurity, and internet governance issues are subject to other UN multilateral  fora such as UN Group of Governmental Experts (UNGGE) and UN Open Ended Working Group (OEWG) and must not be addressed under the proposed convention. 

B. Human-Rights

The process witnessed significant discussion on the protection and promotion of human rights and fundamental freedoms as an integral part of the proposed convention. While there was a broad agreement on the inclusion of human rights obligations, Member States varied in their approaches to incorporating human rights obligations. Countries such as the EU, USA, Australia, New Zealand, UK, Canada, Singapore, Mexico and others advocated for the centrality of human rights obligations within the proposed convention (with particular reference to the right to speech and expression, privacy, freedom of association and data protection). These countries also emphasized the need for adequate safeguards to protect human rights (legality, proportionality and necessity) in the provisions dealing with the criminalization of offenses, procedural rules and preventative measures under the proposed convention. 

India and Malaysia were principally in agreement with the inclusion of human rights obligations but pointed out that human rights considerations must be balanced by provisions required for maintaining law and order. Furthermore, countries such as Iran, China and Russia emphasized that the proposed convention should be conceptualized strictly as a technical treaty and not a human rights convention.

C. Issues pertaining to the conflict in jurisdiction and legal enforcement

The Ad-hoc Committee’s first session saw interesting proposals on improving the long-standing issues emanating from conflict of jurisdictions that often create challenges for law enforcement agencies in effectively investigating and prosecuting cybercrimes. In its numerous submissions, India highlighted the gaps and limitations in the existing international instruments and the need for better legal frameworks for cooperation, beyond Mutual Legal Assistance Treaties (MLATs). Such arrangements aim to assist law enforcement agencies in receiving metadata/ subscriber information to establish attribution and to overcome severe delays in accessing non-personal data. Member states, including Egypt, China supported India’s position in this regard. 

Mexico, Egypt, Jamaica (on behalf of CARICOM), Brazil, Indonesia, Iran, Malaysia also highlighted the need for the exchange of information, and greater international cooperation in the investigation, evidence sharing and prosecution of cybercrimes. These countries also highlighted the need for mutual legal assistance, 24*7 contact points, data preservation, data sharing and statistics on cybercrime and modus operandi of the cybercriminals, e-evidence, electronic forensics and joint investigations. 

Member states including the EU, Luxembourg, UK supported international cooperation in investigations and judicial proceedings, and obtaining electronic evidence. These countries also highlighted that issues relating to jurisdiction should be modeled on the existing international and regional conventions such as the UN Convention against Corruption (UNCAC), UN Convention against Transnational Organized Crimes (UNCTOC), and the Budapest Convention.

D. Technical Assistance and Capacity Building

There was unanimity among the member states to incorporate provisions on capacity building and technical assistance to cater to the peculiar socio-economic conditions of the developing and least-developed countries. However, notable inputs/ suggestions came from Venezuela, Egypt, Jamaica on behalf of CARICOM, India and  Iran. Venezuela highlighted the need for technology transfer, lack of financing and lack of sufficient safeguards for developing and least-developed countries. The countries outlined technology transfer, financial assistance, sharing of best practices, training of personnel, and raising awareness as different channels for capacity building and technical assistance for developing and least-developed countries. 

E. Obligations for the Private Sector 

The proposal for instituting obligations  on non-state actors , including the private sector (with particular reference to digital platforms and service providers), witnessed strong opposing views by member countries. Countries including India, China, Egypt and Russia backed the proposal on including a strong obligation on the private sectors as they play an essential role in the ICT sector. In one of its submissions, India explained  the increasing involvement of multinational companies  in providing vital services in different countries. Therefore, in its view, such private actors must be held accountable and should promptly cooperate  with law enforcement and judicial authorities in these countries to fight cybercrime. Iran, China and Russia further emphasized the need for criminal liability of legal persons, including service providers and other private organizations. In contrast, member states, including the EU, Japan and USA, were strictly against incorporating any obligations on the private sector. 

F. Other Issues

There was a broad consensus including EU, UK, Japan, Mexico, USA, Switzerland and others  on not reinventing the wheel but building on the work done under the UNCAC, UNCTOC, and the Budapest Convention. However, countries, including Egypt and Russian Federation, were skeptical over the explicit mention of the regional conventions, such as the Budapest Convention and its impact on the Member States, who are not a party to such a convention. 

The proposals for inclusion of a provision on asset recovery, and return of the proceeds of the crime elicited a lukewarm response by Egypt, Iran, Brazil, Russia, China, Canada, Switzerland, USA Jamaica on behalf of CARICOM countries, but appears likely to gain traction in forthcoming sessions.

3. Way Forward

Member countries are expected to submit their written contributions on criminalisation, general provisions, procedural measures, and law enforcement in the forthcoming month. These written submissions are likely to bring in more clarity about the expectations and key demands of the different member states. 

The upcoming sessions will also indicate how the demands put forth by developing, and least developing countries during the recently concluded first session are taken up in the negotiation process. Furthermore, it is yet to be seen whether these countries would chart out a path for themselves or get subsumed in the west and east binaries as seen in other multilateral fora dedicated to clarifying the rules governing cyberspace. 

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Note: 

*The full recordings of the first session of the Ad-hoc Committee to elaborate international convention on countering the use of information and communications (ICTs) technologies for criminal purposes is available online and can be accessed on UN Web TV.

**The reader may also access more information on the first session of the Ad-hoc Committee here, here and here.