Legislative Frameworks Against Cybercrime: The Budapest Convention and Asia

Abstract

Asia is one of the fastest-growing regions in the global e-commerce market place and has also been seen as the future of cybercrime. Cybercrimes are emerging in Asia, and the developing countries of the Association of Southeast Asian Nations (ASEAN) are becoming a hub for cybercriminals. To prevent Asia from becoming a cybercrime hub and safe-haven for cybercriminals, it is important that countries be equipped with comprehensive cybercrime laws aligned with international standards. This chapter reviews the development of the Internet in Asia (both Northeast and Southeast Asia) and examines existing legal measures adopted by these countries and compares them with the Council of Europe’s Convention on Cybercrime (Budapest Convention). The chapter finds that cybercrime laws in Northeast Asian countries are all aligned favorably with the Budapest Convention. While most ASEAN countries are favorably or moderately aligned with the Budapest Convention, more work needs to be done to support countries like Myanmar, Indonesia, and Cambodia to build cybercrime laws more closely aligned with the Budapest Convention. It suggests that actions need to be taken to reduce the digital divide and raise cybersecurity awareness among ASEAN member countries. It is also suggested that the Budapest Convention should be updated to match the development of new technologies and crime such as hate speech and fake news.