The UN Convention Against Cybercrime: Its Incompatibilities With The U.S Constitution And How The U.S Can Safely Ratify It

Edited by Catalina Bazgu, Skandha Gopinath, and Sofia Meinardus

Abstract

In October 2025, in Hanoi, Vietnam, a signing ceremony for the United Nations’ new Convention against Cybercrime was held. This convention was drafted to combat the rise of cybercrime in a new age of technology. But the United States has expressed concerns over how the convention opens possibilities for potential human rights abuses, abuse of e-evidence requests, and the lack of safeguards. This paper argues how the UN Convention against Cybercrime, in its current state, is incompatible with the U.S. Constitution and how the United States can safely ratify the convention by implementing RUDs that mirror the protections of the Budapest Convention.

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