European Union: Additional Protocol to the Convention on Cybercrime opened to signatures and signed by 22 states

On 12 May 2022, the Second Additional Protocol to the Convention on Cybercrime (Budapest Convention) was opened for signatures. On the first day, 22 signatories to the main treaties have also signed the Second Additional Protocol, including the United States, Japan, and Italy. The Protocol foresees enhanced cooperation between parties on cybercrime and electronic evidence. Following implementation of the Treaty, competent authorities in a ratifying state will be able to request the information needed to identify the owner of domain names registered in the territory of another party state for the purposes of criminal investigation. Further, the competent authorities of a ratifying state will be able to directly request subscriber information from service providers in another party state through the legal basis of the requesting state. Alternatively, the Protocol foresees a more streamlined mutual assistance procedure for the disclosure of subscriber information. The Protocol will be open for signature in May 2022.