“A world of difference: The Budapest Convention on cybercrime and the e-challenges of harmonisation.” – Monash University Law Review (Vol 40, No 3) – Read the Journal Clough Challenges of Harmonisation 2014 40 MonULR 698.
Abstract: “The inherently transnational nature of cybercrimes presents enormous challenges to law enforcement. If agencies are to be able to cooperate effectively, there must be harmonisation of laws. Yet this must occur against a background of different legal systems and cultures. The Council of Europe’s Convention on Cybercrime (‘Budapest Convention’) was the first multilateral binding instrument to regulate cybercrime, and remains the most influential, having been ratified by 65 countries. This article considers the Convention’s role in the harmonisation of cybercrime laws and its place amongst other international efforts to combat cybercrime. It begins with a discussion of the importance of harmonisation in combatting cybercrime.
There is then a general overview of the Convention, followed by an analysis of three key aspects of harmonisation — the extent to which it is: (1) comprehensive; (2) protective of rights; and (3) representative.
Consideration is then given to the desirability and likelihood of an international convention on cybercrime given the range of international, regional and national initiatives concerned with cybercrime. In an environment where an international agreement is some way off, the Convention provides an important touchstone against which national efforts may be measured. More broadly, the international focus is appropriately moving toward the more pressing issue of capacity building.”