The functioning of international cooperation: the assessment of the Cybercrime Convention Committee (T-CY)

Procedure and status:

•  Questionnaire February 2013.
•  Plenary discussions June 2013, Dec 2013, June 2014.
•  Report adopted in December 2014

• T-CY assessment: findings

  Overall conclusions MLA process inefficient, many investigations abandoned Opportunities of existing agreements not yet fully utilised Data/statistics on MLA not available

  http://www.coe.int/cybercrime 3 3

  T-CY assessment: findings

  Types of requests Types of data requested: 1. Subscriber information (80+%?) 2. Traffic data 3. Content data Underlying offences 1. Fraud and other financial crimes 2. Violentandseriouscrime (murder, assault, trafficking, child abuse etc.) 3. Offences against computer systems

  http://www.coe.int/cybercrime 4 4

  T-CY assessment: findings

  Procedures and requirements Often not known, requests incomplete No response in minor cases Language Channels and means of cooperation Use of multiple channels and agreements Possibility of direct cooperation underused Diverse procedures for urgent cases Role of 24/7 points of contact often too limited Issue of direct cooperation with foreign service providers Joint investigation teams (not yet foreseen in Budapest Convention)

  http://www.coe.int/cybercrime 5 5

  T-CY assessment: recommendations

  Possible solutions?

  http://www.coe.int/cybercrime 6 6

  T-CY assessment: recommendations

  •  Implement provisions of Budapest Convention
  •  Statistics or other measures to monitor efficiency of the MLA process
  •  More technology-literate staff for MLA
  •  More training
  •  Strengthen 24/7 contact points
  •  Streamline procedures and reduce the number of steps required for MLA at

    domestic levels

  •  Make use of all available channels for international cooperation
  •  Establish emergency procedures
  •  Confirm receipts of MLA requests
  •  Open domestic investigations upon a foreign request or spontaneous

    information

  •  Electronic transmission of requests (art. 25.3)
  •  Make sure requests are specific and complete
  •  Consult foreign authorities before sending MLA requests

  Recommendations falling under the responsibility of domestic authorities

  T-CY assessment: recommendations

  Multi-language templates for Article-31 type MLA requests

  Online resource on MLA requirements by Parties to Budapest Convention

  Recommendations falling under the responsibility of CoE capacity building programmes

  http://www.coe.int/cybercrime

  8

  8

  T-CY assessment: recommendations

  Recommendations that may require an Additional Protocol Allow for expedited disclosure of subscriber information  Introduce international production order  Direct cooperation between judicial authorities  Directly obtain specified traffic and information from foreign service providers  Joint investigations and JITs  Requests in English language subscriber

  http://www.coe.int/cybercrime 9 9

  T-CY assessment: recommendations

  Rec 5: Parties and the Council of Europe should work toward strengthening the role of 24/7 points of contact in line with Article 35 Budapest Convention

  http://www.coe.int/cybercrime 10 10

  T-CY assessment: recommendations

  a. Ensuring, pursuant to article 35.3 Budapest Convention that trained and equipped personnel is available to facilitate the operative work and conduct or support mutual legal assistance (MLA) activities
  b. Encouraging contact points to pro-actively promote their role among domestic and foreign counterpart authorities;

  c. Conducting regular meetings and training of the 24/7 network among the Parties;
  d. Encouraging competent authorities and 24/7 points of contact to consider procedures to follow up to and provide feedback to the requesting State on Article 31 requests;

  e. Considering to establish, where feasible, contact points in prosecution offices to permit a more direct role in mutual legal assistance and a quicker response to requests;
  f. Facilitating 24/7 points of contact to requests.

  http://www.coe.int/cybercrime

  11

  11

  Rec 5 Parties and the Council of Europe should work toward strengthening the role of 24/7 points of contact in line with Article 35 Budapest Convention, including through:

  T-CY assessment: recommendations

  Recommendations that may need to be addressed through an Additional Protocol to the Budapest Convention on Cybercrime Rec19-24

  http://www.coe.int/cybercrime 12 12

  T-CY assessment: recommendations

  Recommendations that may need to be addressed through an Additional Protocol to the Budapest Convention on Cybercrime Note: Some of these recommendations could partly be addressed also at the domestic level although addressing them through a Protocol may facilitate their acceptance by the international community. Rec 19 Parties should consider allowing – via legal domestic amendments and international agreement – for the expedited disclosure of the identity and physical address of the subscriber of a specific IP address or user account. Rec 20: Interested Parties may consider the possibility and scope of an international production order to be directly sent by the authorities of a Party to the law enforcement authorities of another Party. Rec 21: Parties should consider enhancing direct cooperation between judicial authorities in mutual legal assistance requests. http://www.coe.int/cybercrime

  T-CY assessment: recommendations

  Recommendations that may need to be addressed through an Additional Protocol to the Budapest Convention on Cybercrime Note: Some of these recommendations could partly be addressed also at the domestic level although addressing them through a Protocol may facilitate their acceptance by the international community. Rec 22: Parties may consider addressing the practice of law enforcement and prosecution services obtaining information directly from foreign service providers, and related safeguards and conditions. Rec 23: Parties should consider joint investigations and/or the establishment of joint investigation teams between Parties. Rec 24: Parties should consider allowing for requests to be sent in English language. Parties should in particular allowing for preservation requests to be sent in English. By Robert Williams Editor in Chief News24.7WorldPress