IGF 2018 WS #298 Access to criminal evidence online: international solutions?

Format: 

Panel - 90 Min

Subtheme: 

Other
Sub-theme description: Law enforcement access to online data

Organizer 1: Alexandre Roure, Computer & Communication Industry Associations (CCIA)
Organizer 2: Alexander Seger, Council of Europe

Speaker 1: Fanny Hidvegi, Civil Society, Eastern European Group
Speaker 2: Seth Bouvier, Government, Western European and Others Group (WEOG)
Speaker 3: Alexander Seger, Intergovernmental Organization, Western European and Others Group (WEOG)
Speaker 4: Gail Kent, Private Sector, Western European and Others Group (WEOG)

Relevance: 

Securing electronic evidence in specific criminal investigations is a major challenge for criminal justice authorities as such evidence is increasingly stored in or moving between foreign, multiple or unknown jurisdictions. This has serious implications on the ability of governments to protect the rights of individuals and the rule of law in cyberspace. Common and widely accepted solutions to this challenge help shape the digital future.

The U.S., the EU and the Council of Europe have all recently presented major proposals to address this issue. The session will explore ways to ensure that recent efforts facilitating law enforcement access to digital evidence are interoperable and avoid creating legal frictions for citizens and service providers across regions.

This session builds on prior IGF workshops: WS149 Crime and jurisdiction in cyberspace: towards solutions, and WS87: Law Enforcement, Cyberspace & Jurisdiction

Session Content: 

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.

Over the last few months, several initiatives and legislations have been taking shape. The United States recently adopted its Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”); the European Union is discussing a new eEvidence legislative proposal; the Council of Europe is drafting a 2nd protocol to the Budapest Convention on Cybercrime. All these initiatives share (or are expected to share) several core features:
They seek to ease local law enforcement access to data stored outside their jurisdiction;
They set out certain due process safeguards and seek to minimize unjustified human rights interference;
They try to reconcile the interests of the local law enforcement community and the broader state imperative of public safety, security and justice, with the interests of Internet and online service providers, sovereign foreign nations and their citizens.

The purpose of this session is to explore ways to ensure that all three parallel frameworks are interoperable and avoid creating legal frictions for citizens and service providers across regions.

The session will start with a brief recap of the discussions in Workshop 149 at IGF 2017 on the challenges of crime and jurisdiction in cyberspace.

Speakers from governments, international organisations, civil society and industry will then present different solutions from their perspectives followed by a Q&A with on-site and online audience.

Panellists will address the following issues: :
The European Commission and the U.S. Department of Justice will present their respective legislation to facilitate European Member States law enforcement access to digital evidence, and their role in fostering international cooperation with intergovernmental organisations and foreign governments.

The Council of Europe will present its views on the state of play of the on-going drafting process of an additional Protocol to the Budapest Convention on criminal justice access to evidence in the cloud.

Civil society and service providers will present their views on these ongoing developments.

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.

Interventions: 

Panellists will address the following issues: :
The European Commission and the U.S. Department of Justice will present their respective legislation to facilitate European Member States law enforcement access to digital evidence, and their role in fostering international cooperation with intergovernmental organisations and foreign governments.

The Council of Europe will present its views on the state of play of the on-going drafting process of an additional Protocol to the Budapest Convention on criminal justice access to evidence in the cloud.

Civil society and service providers will present their views on these ongoing developments.

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.

Diversity: 

The proposed panel includes speakers from different stakeholder groups (civil society, industry, Government), gender (2 and potentially 3 women, 3 men) and regions (Northern America and Europe).

Online Participation: 

There will be a ratio of ½ between time allocated for interventions of online participants and time allocated to on site participants. There will be a close communication between the online
moderator and the on spot moderator. The online moderator proposed for the workshop is experienced and undertook similar positions in other workshops.

Discussion Facilitation: 

Short three to five minutes presentations made by the speakers will open the discussions and encourage contributions. 80 % of the time of the workshop will be allocated to open discussions. On spot and online participants will be encouraged to present their views and
possible solutions.

Onsite Moderator: 

Alexandre Roure

Online Moderator: 
Rapporteur: 

Alexandre Roure

Contact Information

United Nations
Secretariat of the Internet Governance Forum (IGF)

Villa Le Bocage
Palais des Nations,
CH-1211 Geneva 10
Switzerland

igf [at] un [dot] org
+41 (0) 229 173 678