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Egypt Ratifies Convention on Inform

Egypt Ratifies Convention on Information Technology Crimes
Egypt recently entered into an international agreement with its regional counterparts on information technology crimes, also classified as ‘digital crimes’ or ‘tech crimes’. A recent Presidential Decree[1] ratified the treaty, which was signed in Cairo on 21 December 2010.
The Convention
The Arab Convention for Combating Information Technology Crimes (the "Convention"), as it is formally known, is aimed at establishing the ‘support and cooperation’ of the Arab nations in preventing, investigating, combating and prosecuting tech crimes. As an agreement targeting tech criminal activity across the region, the Convention maintains a strong cross-border element in the definition of tech crimes it is specifically addressing. There are four types of cross-border tech crimes that will fall under the authority of this agreement: crimes committed in more than one jurisdiction, crimes committed in one jurisdiction but planned or supervised from another, crimes committed by a transnational criminal organisation, or crimes committed in one jurisdiction but affecting another. In conjunction with this focus on cross-border tech crimes, the Convention affirms the international law principle of sovereign supremacy. Implementation of this agreement will not conflict with domestic constitutions, nor does the treaty allow any nation the right to interfere in the affairs of another nation. As such, it will be the responsibility of each nation to implement the crimes set out in the Convention through its own domestic legislation, while at the same time cooperating with its counterparts in order to affect a regime whereby tech crimes can be prevented.
Criminal activity
The Convention focuses on a broad array of tech crimes and sets out different measures to combat them, including confiscation of information extractable from technology; immediate seizure and investigation of violating information; providing the State with the legal measures necessary to force the turnover of information as well as granting the ability to investigate information stored digitally, and if need be the seizure of such information. Such measures will be applied to a broad array of activities deemed criminal, such as:
  1. Hacking;
  2. Blocking the flow of information;
  3. Illegal use of online payment mechanisms;
  4. Compromising the security and confidentiality of information;
  5. The misuse of information, including production, sale, purchase, import, and distribution thereof;
  6. Forgery of information;
  7. Fraud leading to the detriment of beneficiaries or users of information;
  8. Tech crimes concerning terrorism or organised crime;
  9. Tech crimes concerning copyright infringement and related rights;
  10. Aiding and abetting criminal activity or the attempt to commit tech crimes.
Jurisdiction and Extradition
Regarding the tech crimes concerned and the measures to be taken to combat them, the Convention outlines the jurisdiction of each of the signatory nations. Nations will be responsible for taking action for the partial, full, or completed undertaking of any criminal activity within the country’s territory, aboard a ship or on-board a plane registered in that country, by a national of that country whether charges will be brought under domestic law or the law of the country in which the crime was committed, and finally, if the crime affects any of the country’s government agencies. Furthermore, the signatory nations agree to legislate to effectively expand domestic powers so as to properly implement several important provisions regarding jurisdiction. These include the provision to hand over violators when demanded by another signatory country, as well as the provision allowing countries to not extradite their citizens if they can prove that the criminal act alleged by the other country is also criminalized in it, and that such an act carries a prison sentence.  In the event that there is a jurisdictional conflict between several signatories, a hierarchy of applicability has been determined. Jurisdiction shall reside with the nation whose security and well-being has been violated, followed by the nation in which the crime was committed, followed by the nation of which the violator is a citizen. The Convention further outlines the measures to be undertaken in the extradition and exchange of violators and criminals, as well as general provisions on interchange and cooperation between the signatory nations. Of particular importance is the secrecy and confidentiality Article, which set out that in the event that there is no superseding agreement between the nations involved, the nations agree to exchange information on the basis that the nation requesting the information shall maintain utmost secrecy, and not use the information for any investigations suffice those that are agreed upon when the information is communicated. Furthermore, any signatory nation shall have the right to request seizure of information stored on servers from another nation, and that information will be transferred under the same secrecy and confidentiality pledges as set out above.
Context
The Arab Convention on Combating Information Technology Crimes comes at a time when combating tech crimes has become of paramount importance worldwide. High-profile hacking incidents, in particular the 2010-2011 leaks by WikiLeaks, have made governments more concerned with digital security. It is with this core concept and various recent influential incidents in mind that the Convention seems to have been formulated. The increasing abilities of criminals to commit crimes digitally (other than hacking or leaking) is addressed, with articles criminalising the use of information technology for the purposes of terrorism and organised crime, as well as the misuse of online payment mechanisms. Similarly, these are issues that have gained traction lately, with countries looking to combat terrorism not only militarily but economically as well, by freezing assets and directly cutting off funds from reaching criminal organisations. On a different note, the articles dealing with the jurisdictional capacities of the signatory nations are particularly interesting, as they set out hierarchies of jurisdiction. Every nation will have to compromise on certain matters, especially regarding the exchange and transfer of sensitive information and extradition of foreign nationals. While this may raise other diplomatic and legal concerns, it is an important step towards establishing an effective regional organisational structure from a public international law standpoint.
Conclusion
This Convention marks a significant step for Egypt on several different fronts. Firstly, it sets out a regime for the combat and prevention of a set of crimes that are becoming more prevalent worldwide. Secondly, it establishes a mechanism for regional cooperation and jurisdictional priorities that – if successful – could in the future be used as an example for cooperation on other matters of regional importance.   [1] Presidential Decree No. 276/2014 ratifying the Arab Convention for Combating Information Technology Crimes, Official Gazette, Issue No. 46, 13 November 2014.
Egypt recently entered into an international agreement with its regional counterparts on information technology crimes, also classified as ‘digital crimes’ or ‘tech crimes’. A recent Presidential Decree[1] ratified the treaty, which was signed in Cairo on 21 December 2010.
The Convention
The Arab Convention for Combating Information Technology Crimes (the "Convention"), as it is formally known, is aimed at establishing the ‘support and cooperation’ of the Arab nations in preventing, investigating, combating and prosecuting tech crimes. As an agreement targeting tech criminal activity across the region, the Convention maintains a strong cross-border element in the definition of tech crimes it is specifically addressing. There are four types of cross-border tech crimes that will fall under the authority of this agreement: crimes committed in more than one jurisdiction, crimes committed in one jurisdiction but planned or supervised from another, crimes committed by a transnational criminal organisation, or crimes committed in one jurisdiction but affecting another. In conjunction with this focus on cross-border tech crimes, the Convention affirms the international law principle of sovereign supremacy. Implementation of this agreement will not conflict with domestic constitutions, nor does the treaty allow any nation the right to interfere in the affairs of another nation. As such, it will be the responsibility of each nation to implement the crimes set out in the Convention through its own domestic legislation, while at the same time cooperating with its counterparts in order to affect a regime whereby tech crimes can be prevented.
Criminal activity
The Convention focuses on a broad array of tech crimes and sets out different measures to combat them, including confiscation of information extractable from technology; immediate seizure and investigation of violating information; providing the State with the legal measures necessary to force the turnover of information as well as granting the ability to investigate information stored digitally, and if need be the seizure of such information. Such measures will be applied to a broad array of activities deemed criminal, such as:
  1. Hacking;
  2. Blocking the flow of information;
  3. Illegal use of online payment mechanisms;
  4. Compromising the security and confidentiality of information;
  5. The misuse of information, including production, sale, purchase, import, and distribution thereof;
  6. Forgery of information;
  7. Fraud leading to the detriment of beneficiaries or users of information;
  8. Tech crimes concerning terrorism or organised crime;
  9. Tech crimes concerning copyright infringement and related rights;
  10. Aiding and abetting criminal activity or the attempt to commit tech crimes.
Jurisdiction and Extradition
Regarding the tech crimes concerned and the measures to be taken to combat them, the Convention outlines the jurisdiction of each of the signatory nations. Nations will be responsible for taking action for the partial, full, or completed undertaking of any criminal activity within the country’s territory, aboard a ship or on-board a plane registered in that country, by a national of that country whether charges will be brought under domestic law or the law of the country in which the crime was committed, and finally, if the crime affects any of the country’s government agencies. Furthermore, the signatory nations agree to legislate to effectively expand domestic powers so as to properly implement several important provisions regarding jurisdiction. These include the provision to hand over violators when demanded by another signatory country, as well as the provision allowing countries to not extradite their citizens if they can prove that the criminal act alleged by the other country is also criminalized in it, and that such an act carries a prison sentence.  In the event that there is a jurisdictional conflict between several signatories, a hierarchy of applicability has been determined. Jurisdiction shall reside with the nation whose security and well-being has been violated, followed by the nation in which the crime was committed, followed by the nation of which the violator is a citizen. The Convention further outlines the measures to be undertaken in the extradition and exchange of violators and criminals, as well as general provisions on interchange and cooperation between the signatory nations. Of particular importance is the secrecy and confidentiality Article, which set out that in the event that there is no superseding agreement between the nations involved, the nations agree to exchange information on the basis that the nation requesting the information shall maintain utmost secrecy, and not use the information for any investigations suffice those that are agreed upon when the information is communicated. Furthermore, any signatory nation shall have the right to request seizure of information stored on servers from another nation, and that information will be transferred under the same secrecy and confidentiality pledges as set out above.
Context
The Arab Convention on Combating Information Technology Crimes comes at a time when combating tech crimes has become of paramount importance worldwide. High-profile hacking incidents, in particular the 2010-2011 leaks by WikiLeaks, have made governments more concerned with digital security. It is with this core concept and various recent influential incidents in mind that the Convention seems to have been formulated. The increasing abilities of criminals to commit crimes digitally (other than hacking or leaking) is addressed, with articles criminalising the use of information technology for the purposes of terrorism and organised crime, as well as the misuse of online payment mechanisms. Similarly, these are issues that have gained traction lately, with countries looking to combat terrorism not only militarily but economically as well, by freezing assets and directly cutting off funds from reaching criminal organisations. On a different note, the articles dealing with the jurisdictional capacities of the signatory nations are particularly interesting, as they set out hierarchies of jurisdiction. Every nation will have to compromise on certain matters, especially regarding the exchange and transfer of sensitive information and extradition of foreign nationals. While this may raise other diplomatic and legal concerns, it is an important step towards establishing an effective regional organisational structure from a public international law standpoint.
Conclusion
This Convention marks a significant step for Egypt on several different fronts. Firstly, it sets out a regime for the combat and prevention of a set of crimes that are becoming more prevalent worldwide. Secondly, it establishes a mechanism for regional cooperation and jurisdictional priorities that – if successful – could in the future be used as an example for cooperation on other matters of regional importance.   [1] Presidential Decree No. 276/2014 ratifying the Arab Convention for Combating Information Technology Crimes, Official Gazette, Issue No. 46, 13 November 2014.