IGF 2017 WS #209 Legal challenges in cloud forensics and cross-border criminal and counterterrorism investigations

Short Title: 

Legal challenges in cloud forensic investigations

Proposer's Name: Mr. Pace Frank
Proposer's Organization: University of Groningen
Co-Proposer's Name: Ms. Jeanne Mifsud-Bonnici
Co-Proposer's Organization: University of Groningen
Prof. Jeanne Mifsud Bonnici, Civil Society, University of Groningen
Ms. Aukje Snijders, Civil Society, University of Groningen

Session Format: Panel - 60 Min

Country: Netherlands
Stakeholder Group: Civil Society

Country: Netherlands
Stakeholder Group: Civil Society

Speaker: Pace Frank
Speaker: Patrick Curry
Speaker: Kenneth Pennington
Speaker: Jan Ellerman
Speaker: Maria Angela Biasiotti

Content of the Session:
In an era of pervasive commercial encryption and the critical state of law enforcement inability access to data at rest, cloud information has become more vital for successful prosecution in criminal investigations. Companies such as Google, Apple, Facebook and Microsoft, are experiencing increasing requests from law enforcement globally for access to user information and content. How these requests are received, interpreted, approved or denied, vary depending on laws from the originating nation and the specific format and nature of the request. The aim of this session will be to discuss immediate challenges and to propose potential solutions to the hurdles faced during investigations requiring access to such data.

The panel will discuss and engage the audience on the topics of:
• Cloud storage and the increasing requirement for access to remotely stored evidence;
• Understanding and working with encryption;
• Investigative challenges working with internet service providers and tech sector companies;
• Jurisdictional and legal implications of transmitting and using evidence acquired from other countries

The panel will be comprised of experts with broad experience in cross-border criminal investigations, prosecution, data protection, Information Technology law and industry/government collaboration. All the panelists are either currently serving, or have many years of experience in positions with national and international law enforcement organizations, academic research and cyber related industry. Additionally, the session will take discussion points and follow the lead of the MAPPING project (www.mappingtheinternet.eu) which aims to address many of the listed topics.

Relevance of the Session:
Recent changes and new legislation in the United States and across Europe are affecting the means by which governments acquire and courts interpret the legality of access to remotely stored data. As the conversation on encryption and lawful access continues, it is important to bring forward all perspectives and solutions that will help shape the future of this aspect of internet governance.

Tag 1: Cybercrime
Tag 2: Access to Information
Tag 3: Cloud Computing

After a brief introduction from the moderator, each of the speakers on the panel will be afforded 5 minutes to comment or present, on the topic most relevant to their expertise. The diversity of the panel will include law enforcement practitioners, prosecutors, data protection experts, academic researchers and NGOs specializing industry/government collaboration in cyberspace.

The panel will be comprised of experienced and first-time IGF participants, both male and female, from within and outside Europe. One of the goals of the session is to engage with all stakeholders involved in Internet Governance. This includes members of civil society, NGOs representing the interests of vulnerable populations, academia and government.

Onsite Moderator: Mr. Frank Pace
Online Moderator: Ms. Aukje Snijders
Rapporteur: Prof. Jeanne Mifsud Bonnici

Online Participation:
Our online moderator, Ms. Aukje Snijders, will be prepared to monitor the WebEx, social media and in cooperation with the session moderator, be prepared to equally include online participants. Ms. Snijders will be sufficiently trained in the use of the WebEx platform and together with the moderator, will have a plan in place to include sufficient opportunity for online participation and intervention as requested.

Discussion facilitation:
The panelists along with the orchestration of the moderator, will seek to engage the audience to spur an exchange of ideas and proposals on how best to shape the future of policy and legislation while taking into account technical realities. As such, the goal will be to allow more than 30 minutes to ensure a productive dialogue with those in attendance.

Conducted a Workshop in IGF before?: No
Link to Report:

Additional Reference Document Link: https://mappingtheinternet.eu/

Additional Speakers: 

Mr. Markus Hartmann

Markus Hartmann is a Senior Prosecutor at the Prosecutor’s Office of Cologne and head of the Northrhine-Westphalian Central Cybercrime Department (Zentral- und Ansprechstelle Cybercrime, ZAC NRW). The ZAC NRW is in charge of high-profile cybercrime cases. The department acts as a central point of contact for LEAs, scientific and economic institutions and corporations with regard to cybercrime-related issues.

Mr. Christopher Kelly

Chris Kelly is the Director of the Digital Evidence Laboratory for the Massachusetts Attorney General's Office.  In this role, Chris supervises a team of analysts conducting digital forensic examinations of computers, mobile devices, and other technical evidence in the course of criminal investigations.  Prior to his appointment to this position, Chris served as Managing Attorney of the Cyber Crime Division for the Massachusetts Attorney General's Office.  In that position, Chris not only prosecuted cyber offenses, but also worked with members of the Cyber Crime Division to design and implement priority projects and trainings as set forth in the Massachusetts Strategic Plan for Cyber Crime. Before joining the Attorney General's Office, Chris worked for the Suffolk County District Attorney's Office, where he built and ran the current Computer Forensic Laboratory. During his tenure in Suffolk, Chris prosecuted cyber crime cases and worked actively on digital aspects of all types of criminal investigations.  Chris holds several digital forensic certifications including the GCFA, DFCP, CCE, CCME, EnCE, and CCLO/CCPA.  He is a regular speaker on topics related to digital forensics and cyber crime investigations.  Additionally, Chris serves as an instructor, and performs curriculum development, for the United States Secret Service's National Computer Forensic Institute in Hoover, Alabama.  He is an adjunct professor of digital forensics at Bunker Hill Community College in Boston.  Chris serves as a leader or active member of several professional associations including the High Technology Crime Investigation Association, International Association of Chiefs of Police Cyber Crime and Digital Evidence Committee, High Tech Crime Consortium, and American Academy of Forensic Science Digital and Multimedia Sciences Section.  Chris is a member of the Accreditation Task Group for the National Institute of Standards in Technology's Digital Evidence subcommittee of the Organization of Scientific Area Committees for Forensic Science.  He also sits on the editorial board for the Journal Digital Investigation, and reviews articles for the Journal of Digital Forensics, Security and Law. Chris earned bachelor's degrees in psychology and political science from Boston University, and his law degree from Suffolk University Law School


-The session will begin with a moderated panel discussion (30 min) which will build the foundation for proceeding engagement with the audience (25 min). The experts will outline current challenges in:

(a) Investigations requiring access to remotely stored data (b) Meeting requirements for successful prosecution of such cases (c) Working with existing and proposed legislation and (d) The impacts of recent court rulings

-The following discussion will aim to solicit constructive dialogue regarding the challenges expressed by the panelists and a closer examination of the recent court rulings presented

- The moderator will have 5 minutes to summarize and close the session.

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