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Wednesday, December 20 • 15:00 - 16:30
Crime and jurisdiction in cyberspace: towards solutions (WS149)

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Proposer's Name: Mr. Alexandru Frunza-Nicolescu
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., Alexandru,Frunza-Nicolescu, Intergovernmental Organisation, Council of Europe
Mr., Christian, BORGGREEN, Private Sector, Computer & Communication Industry Association (CCIA)


Session Format: Panel - 90 Min

Proposer:
Country: France
Stakeholder Group: Intergovernmental Organizations

Co-Proposer:
Country: Belgium
Stakeholder Group: Private Sector

Speaker: Paul Fehlinger
Speaker: Gregory Nojeim
Speaker: Alexandru Frunza-Nicolescu
Speaker: Cathrin BAUER-BULST
Speaker: Priscila Costa Schreiner
Speaker: Paul Mitchel

Content of the Session:
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 54 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.


Relevance of the Session:
Securing electronic evidence in specific criminal investigations is a major challenge for criminal justice authorities as increasingly such evidence in stored on 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.


Tag 1: Cybercrime
Tag 2: Jurisdiction
Tag 3: Rule of Law

Interventions:
Speakers will provide industry, civil society as well as criminal justice or international organisations perspectives to this question. They have confronted with these challenges in their practical work and have been involved in the shaping of solutions.

Diversity:
The proposed panel includes speakers from different stakeholder groups (civil society, industry, Government), gender and regions (Africa, Americas and Europe).



Onsite Moderator: Christian Borggreen – Director, International Policy, Computer & Communication Industry Association (CCIA)
Online Moderator: Pierluigi Perri, Programme Officer, Council of Europe
Rapporteur: Andrea Candrian, Stv. Chef, International Criminal Law Unit, Federal Office of Justice

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.

Conducted a Workshop in IGF before?: Yes
Link to Report: https://www.intgovforum.org/multilingual/content/igf-2016-day-2-room-3-ws87-law-enforcement-cyberspace-jurisdiction

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.


Session Organizers
avatar for Alexandru Frunza-Nicolescu

Alexandru Frunza-Nicolescu

Programme Officer, Council of Europe
I am a Romanian Senior Prosecutor seconded national expert within Council of Europe Cybercrime Division. My main fields of expertise are cybercrime, International cooperation in criminal matters, capacity building on cybercrime and law enforcement and private-public parterhips on... Read More →


Wednesday December 20, 2017 15:00 - 16:30
Room XXV - E United Nations Office at Geneva (UNOG)

Attendees (94)