Biden administrator supports controversial UN cyber treaty

The Biden administration will this week support a U.N. treaty that will create a new cybercrime convention that includes China and Russia — something that hasn't gone down well with some lawmakers and critics.

Since 2001, global cybercrime governance has been largely coordinated through the Budapest Convention, a product of the Council of Europe, which includes 76 countries. Russia and China are not included. However, under the new UN Convention to Combat Cybercrime, these two feuding nations will be added to the global cybercrime governance group.

The move, confirmed by senior officials familiar with the matter, drew concern from those who fear that a new global cybersecurity alliance involving two of the country's most controversial nations could spell trouble.

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“We recognize that defending human rights and the fundamental principles of internet freedom is not easy,” a group of Democratic lawmakers on the Hill wrote last week to top Biden administration officials, including Secretary of State Antony Blinken, Attorney General Merrick Garland and his assistant the President of National Security Affairs, Jake Sullivan. “Russia, China and other regimes that oppose democratic freedoms are constantly working to create international legitimacy for their actions and worldview… Unfortunately, these efforts – although laudable – are not sufficient to address fundamental deficiencies in the Convention. “

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The decision to support the new treaty came after months of consultations between the Biden administration and others, including hundreds of non-governmental organizations working on human rights and other relevant issues. According to a senior administration official, the US has “decided to remain in consensus,” arguing that US influence on global “rights-respecting” cybersecurity policy will be greater under the new convention.

Russian President Vladimir Putin shakes hands with Chinese President Xi Jinping during a meeting on the sidelines of the BRICS summit in Kazan, Russia, October 22, 2024. (Alexander Zemlianichenko/Pool via REUTERS)

To address concerns raised about the convention, the Biden administration plans to develop a risk management plan and will work with nongovernmental stakeholders to refine it.

A “consensus process” took place on Monday and the resolution was adopted without a vote. It is expected to be adopted by the General Assembly later this year, according to Politico.

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Meanwhile, President-elect Donald Trump announced Monday that he will nominate New York GOP Rep. Elise Stefanik to be the next U.N. ambassador in his administration.

The White House declined to comment on the record for this story.