We are a member of the Forum for Incident Response (FiRST), the leading global incident response network, and also helped co-found CiviCERT, a coordinating network of help desks for civil society whose goal is to improve the incident response capabilities of its members and share information on threats that affect NGOs, journalists, and human rights defenders around the world. [...] As the discussions in the first substantive session and intersessional of the Ad Hoc Committee demonstrated, ensuring the true uptake and implementation of a new international legal instrument in this space will require focusing on the elements where participating states have clear consensus and agreement - a core understanding. [...] Criminalisation efforts on cybercrime also need to help ensure that the cybersecurity community is enabled and not harmed We strongly recommend that the Ad Hoc Committee ensure that any proposed cybercrime treaty requires a sharper focus on “intent” and other related standards when addressing unauthorized access to ICT systems and networks. [...] We also suggest that the Ad Hoc Committee deliberate on the inclusion of a specific article that requires states to ensure that their criminalisation of the core cybercrimes noted above is subject to a good faith exception for lawful security research. [...] We recommend that the Ad Hoc Committee adopt the definitions and procedural safeguards outlined in the International Principles on the Application of Human Rights to Communications Surveillance (also called the "Necessary and Proportionate Principles").
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- United States of America
