Short Title
Criminal justice access to electronic evidence in the cloud
Proposer's Name: Mr. Alexandru Frunza
Proposer's Organization: Council of Europe
Co-Proposer's Name: Mr. Christian Borggreen
Co-Proposer's Organization: Computer & Communication Industry Association (CCIA)
Co-Organizers:
Mr., Alexander, SEGER, Intergovernmental Organisation, Council of Europe Mr., Christian, BORGGREEN, Private Sector, Computer & Communication Industry Association (CCIA)
Agenda

Evidence not only in relation to cybercrime, but in relation to any type of crime is nowadays available – often only available – in the form of electronic evidence on a computer system, that is, increasingly on servers stored remotely in the cloud. This raises complex question regarding applicable law and jurisdiction and has major implications on the rule of law and security but also human rights in cyberspace.

The session will start with a brief recap of the discussions in Workshop 87 at IGF 2016 and of the challenge of crime and jurisdiction in cyberspace.

Speakers from law enforcement, industry, academia, international organistations and civil society will then present different solutions from their respective perspectives followed by an inclusive discussion with audience in the room and online.

For example,

  • the Council of Europe will present the results of its “cloud evidence working group”, including the solutions recently adopted by the Parties to the Budapest Convention (currently 55 States from all regions of the world) as well as the proposal for an additional Protocol to this treaty on criminal justice access to evidence in the cloud. A common and accepted international solution with human rights and rule of law safeguards is preferable to a jungle of unilateral solutions with risks to state to state relations and the rights of individuals.
  • The European Union (EU) is currently seeking to create a common legal framework across the 28 EU Member States. Specifically, the EU is trying to streamline mutual legal assistance (MLA) proceedings, enhance cooperation with service providers and review the rules on enforcing jurisdiction in cyberspace.
  • Service providers have taken practical measures to more effectively respond to lawful requests from law enforcement officials, e.g. trainings, transparency reports and establishment of points of contacts.

Presentations will be followed by an exchange of views with the audience on the feasibility of practical and legal solutions, including their implications on human rights and the rule of law in cyberspace.