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What the Russian Ministry of Justice is ready to offer to friendly countries
The Ministry of Justice of the Russian Federation has developed a new draft protocol to Russia's international bilateral treaties on mutual legal assistance. It provides for the possibility of pre-storing digital data on request, which should facilitate the investigation of crimes in the field of information technology. In addition, it is planned to set short deadlines for the execution of requests for legal assistance. The Ministry of Digital Affairs and the Ministry of Foreign Affairs are also working on international partnerships in the field of IT — and mostly either at the bilateral level or in friendly multilateral formats (such as BRICS). With the promotion of the Russian initiative to adopt the UN global Convention against Cybercrime, the situation is more complicated — including due to the geopolitical split.
The Ministry of Justice of the Russian Federation has developed a new draft protocol to the international bilateral treaties of Russia on mutual legal assistance in criminal matters. "The project has already been approved and will soon be submitted to the Ministry of Foreign Affairs for transmission to partners," said Dmitry Babekin, Deputy Director of the Department of International Law and Cooperation of the Ministry of Justice.
The Ministry explained to Kommersant that the draft protocol will provide for a format for pre-storing digital data on request.
This measure is designed to help minimize the risk of loss of electronic information that is important from the point of view of crime investigation. The duration of such retention will be negotiated separately with each State. In addition, it is planned to provide for the possibility of setting short deadlines for the execution of requests for legal assistance related to crimes in the field of information technology.
"For investigations of such cases, which, as a rule, have a cross— border nature, the initiative of the Ministry of Justice is relevant and correct," Artem Sychev, adviser to the CEO of Positive Technologies, told Kommersant.— In this case, we are talking about data collected during the investigation of crimes committed using information technology and computer technology."
According to the source, this may include investigations of DDOS attacks, as well as malicious actions using cryptographic viruses and social engineering, including phishing and spam. "When investigating (such cyber attacks.- "Kommersant") can be used log files, snapshots of systems, virtual machines, scan results, and so on," Artem Sychev explained.
The Ministry of Digital Development, Communications and Mass Media of the Russian Federation is also working on an international partnership in the field of IT. Thus, Russia and the BRICS countries have bilateral agreements on cooperation in the field of information security. In particular, there is such a mechanism as the Russian-Chinese working group on cooperation in the field of information technology and network security, the Ministry of Digital Development told Kommersant.
The Russian Foreign Ministry also promotes the exchange of data and experience in the field of information security with friendly countries and associations. As the ministry itself told Kommersant, among other things, the Ministry of Foreign Affairs promotes the conclusion of relevant interdepartmental memoranda with partners through the National Coordination Center for Computer Incidents (NCCCI, the FSB profile center).
Among the priority areas of cooperation are the digital economy and e-commerce, cybersecurity, the formation of secure channels for the exchange of financial information, countering the use of digital technologies for criminal purposes, and the introduction of IT in education systems.
In recent years, with the participation of the Ministry of Foreign Affairs, bilateral intergovernmental agreements on cooperation in the field of information security have been concluded with a number of countries (including Azerbaijan, Belarus, Vietnam, India, Indonesia, Iran, China, Nicaragua, Turkmenistan, Uzbekistan and South Africa). There were also agreements within the framework of associations (including the CSTO and BRICS). Most of these agreements also contain provisions on the joint fight against crimes in the field of information and communication technologies.
At the same time, Russia has been promoting an initiative to adopt a universal convention on combating cybercrime at the UN level since 2017. According to Moscow's idea, such a document should replace the Budapest Convention on Computer Crimes of the Council of Europe in 2001, in which the Russian authorities saw a threat to the country's sovereignty (68 countries, mostly Western, ratified it). In 2017, Russia submitted to the UN the first version of an alternative to this convention (dated April 14, 2017), and in 2021-the second (dated July 30, 2021). At the same time, Russia managed to get the UN General Assembly to adopt a resolution on the need to develop a new convention (although the United States and EU countries opposed this).
The 55-page draft of the convention prepared by Russia, which will be presented in 2021, covers 23 types of cybercrime. It sets out the procedure for cooperation between States in the extradition of cybercriminals and the provision of legal assistance in criminal cases, including identification, seizure, confiscation and recovery of assets. To monitor the implementation of the convention, Russia proposes to create a new mechanism under the auspices of the UN-the International Technical Commission.
The UN special committee for the development of a comprehensive convention on countering the use of information and communication technologies for criminal purposes, created at the initiative of the Russian Federation, is discussing this topic. The committee held its sixth round of consultations in late August and early September this year. The consolidated version of the convention is now on the negotiating table (it is called "zero").
But due to the fact that countries have actively made and continue to make changes to it, now the 72-page draft still looks more "red". Non-governmental organizations and businesses are also actively proposing amendments.
It is expected that the final draft of the convention will be presented in 2024, but work on the document is complicated not only by contradictions directly related to the topic of cybercrime, but also by the general confrontation between the United States and its like-minded countries, on the one hand, and Russia, China and a number of other states, on the other. Western countries present this process as a battle between democratically minded and authoritarian states, which seek to make it easier for themselves to monitor and suppress dissent on the Internet through the new convention.
Russia accuses its opponents of trying to impose an " empty document "that does not introduce anything new"either in terms of criminalization or operational activities, including the prevention and suppression of ICT crimes." This was stated at the closing of the sixth session of the committee by the Special Representative of the President of the Russian Federation for international cooperation in the field of information security, head of the Russian delegation Artur Lyukmanov. In addition, Russia, as he further noted, is annoyed by the" frenzied desire " of a number of states "to saturate the text of the future treaty with numerous human rights bookmarks."
"Only taking into account the interests of all states without exception can lead to the development of a truly comprehensive treaty on countering information crime, the relevance and potential of which will remain for many decades," the diplomat said. At the same time, it followed from his speech that the parties are still very far from this goal.
The Ministry of Justice of the Russian Federation has developed a new draft protocol to Russia's international bilateral treaties on mutual legal assistance. It provides for the possibility of pre-storing digital data on request, which should facilitate the investigation of crimes in the field of information technology. In addition, it is planned to set short deadlines for the execution of requests for legal assistance. The Ministry of Digital Affairs and the Ministry of Foreign Affairs are also working on international partnerships in the field of IT — and mostly either at the bilateral level or in friendly multilateral formats (such as BRICS). With the promotion of the Russian initiative to adopt the UN global Convention against Cybercrime, the situation is more complicated — including due to the geopolitical split.
The Ministry of Justice of the Russian Federation has developed a new draft protocol to the international bilateral treaties of Russia on mutual legal assistance in criminal matters. "The project has already been approved and will soon be submitted to the Ministry of Foreign Affairs for transmission to partners," said Dmitry Babekin, Deputy Director of the Department of International Law and Cooperation of the Ministry of Justice.
The Ministry explained to Kommersant that the draft protocol will provide for a format for pre-storing digital data on request.
This measure is designed to help minimize the risk of loss of electronic information that is important from the point of view of crime investigation. The duration of such retention will be negotiated separately with each State. In addition, it is planned to provide for the possibility of setting short deadlines for the execution of requests for legal assistance related to crimes in the field of information technology.
"For investigations of such cases, which, as a rule, have a cross— border nature, the initiative of the Ministry of Justice is relevant and correct," Artem Sychev, adviser to the CEO of Positive Technologies, told Kommersant.— In this case, we are talking about data collected during the investigation of crimes committed using information technology and computer technology."
According to the source, this may include investigations of DDOS attacks, as well as malicious actions using cryptographic viruses and social engineering, including phishing and spam. "When investigating (such cyber attacks.- "Kommersant") can be used log files, snapshots of systems, virtual machines, scan results, and so on," Artem Sychev explained.
The Ministry of Digital Development, Communications and Mass Media of the Russian Federation is also working on an international partnership in the field of IT. Thus, Russia and the BRICS countries have bilateral agreements on cooperation in the field of information security. In particular, there is such a mechanism as the Russian-Chinese working group on cooperation in the field of information technology and network security, the Ministry of Digital Development told Kommersant.
The Russian Foreign Ministry also promotes the exchange of data and experience in the field of information security with friendly countries and associations. As the ministry itself told Kommersant, among other things, the Ministry of Foreign Affairs promotes the conclusion of relevant interdepartmental memoranda with partners through the National Coordination Center for Computer Incidents (NCCCI, the FSB profile center).
Among the priority areas of cooperation are the digital economy and e-commerce, cybersecurity, the formation of secure channels for the exchange of financial information, countering the use of digital technologies for criminal purposes, and the introduction of IT in education systems.
In recent years, with the participation of the Ministry of Foreign Affairs, bilateral intergovernmental agreements on cooperation in the field of information security have been concluded with a number of countries (including Azerbaijan, Belarus, Vietnam, India, Indonesia, Iran, China, Nicaragua, Turkmenistan, Uzbekistan and South Africa). There were also agreements within the framework of associations (including the CSTO and BRICS). Most of these agreements also contain provisions on the joint fight against crimes in the field of information and communication technologies.
At the same time, Russia has been promoting an initiative to adopt a universal convention on combating cybercrime at the UN level since 2017. According to Moscow's idea, such a document should replace the Budapest Convention on Computer Crimes of the Council of Europe in 2001, in which the Russian authorities saw a threat to the country's sovereignty (68 countries, mostly Western, ratified it). In 2017, Russia submitted to the UN the first version of an alternative to this convention (dated April 14, 2017), and in 2021-the second (dated July 30, 2021). At the same time, Russia managed to get the UN General Assembly to adopt a resolution on the need to develop a new convention (although the United States and EU countries opposed this).
The 55-page draft of the convention prepared by Russia, which will be presented in 2021, covers 23 types of cybercrime. It sets out the procedure for cooperation between States in the extradition of cybercriminals and the provision of legal assistance in criminal cases, including identification, seizure, confiscation and recovery of assets. To monitor the implementation of the convention, Russia proposes to create a new mechanism under the auspices of the UN-the International Technical Commission.
The UN special committee for the development of a comprehensive convention on countering the use of information and communication technologies for criminal purposes, created at the initiative of the Russian Federation, is discussing this topic. The committee held its sixth round of consultations in late August and early September this year. The consolidated version of the convention is now on the negotiating table (it is called "zero").
But due to the fact that countries have actively made and continue to make changes to it, now the 72-page draft still looks more "red". Non-governmental organizations and businesses are also actively proposing amendments.
It is expected that the final draft of the convention will be presented in 2024, but work on the document is complicated not only by contradictions directly related to the topic of cybercrime, but also by the general confrontation between the United States and its like-minded countries, on the one hand, and Russia, China and a number of other states, on the other. Western countries present this process as a battle between democratically minded and authoritarian states, which seek to make it easier for themselves to monitor and suppress dissent on the Internet through the new convention.
Russia accuses its opponents of trying to impose an " empty document "that does not introduce anything new"either in terms of criminalization or operational activities, including the prevention and suppression of ICT crimes." This was stated at the closing of the sixth session of the committee by the Special Representative of the President of the Russian Federation for international cooperation in the field of information security, head of the Russian delegation Artur Lyukmanov. In addition, Russia, as he further noted, is annoyed by the" frenzied desire " of a number of states "to saturate the text of the future treaty with numerous human rights bookmarks."
"Only taking into account the interests of all states without exception can lead to the development of a truly comprehensive treaty on countering information crime, the relevance and potential of which will remain for many decades," the diplomat said. At the same time, it followed from his speech that the parties are still very far from this goal.
