E-VIDENCE: Requesting Electronic Evidence Across Borders for Investigating Online Criminal Matters, Including Terrorism Terrorist use of the Internet
In today’s interconnected world, the proliferation of cyber threats posed by organized crime groups and terrorists presents a significant challenge to global security in various areas. Leveraging the vast reach of the Internet, social media platforms, and encrypted messaging applications, terrorist actors exploit technology to advance their agendas and perpetrate crimes: Out of 223 convicted terrorists based in the UK, 54% learned some aspect about their intended activities online. This number has been steadily increasing to 76% between 2012 and 2017.
Why it matters
Effectively gathering electronic evidence (e-evidence) legislation and local government planning can provide from digital platforms is essential to counteracting a framework for cross-border e-evidence requests. the proliferation of cyber threats posed by organized However, due to the lack of harmonization of the crime groups and terrorists on a broader scale. existing legal frameworks across different jurisdictions According to a 2023 survey conducted by the or the lack of an applicable treaty between the European Union, more than half of all criminal requesting and the requested country, significant investigations involved a request for cross-border legal barriers to accessing e-evidence can result in access to e-evidence. However, this endeavor is delays in investigations. not without its obstacles. It requires overcoming technical barriers and navigating complex legal In this context, the significance of human rights cannot and jurisdictional issues, including discrepancies be overstated. In developing approaches to counter- in national regulatory frameworks and the diverse terrorism, it is crucial to ensure that these approaches terms of service of social media platforms or other are deeply rooted in respecting human rights. Internet services. Addressing these challenges requires a comprehensive A critical concern is the cross-border nature of approach that emphasizes international cooperation, e-evidence, often stored by service providers in capacity building, and the promotion of fundamental jurisdictions different from where the crimes were human rights principles. Law enforcement agencies, committed. This geographical disparity can impede prosecutors, and judges must possess the requisite access to vital evidence and hinder the prosecution knowledge and skills to effectively investigate of perpetrators, undermining efforts to combat cybercrimes while upholding fundamental human terrorism and organized crime. Furthermore, national rights and legal and ethical standards.
Objective
Enhance national capacities across the OSCE region regarding the request of e-evidence for investigating and prosecuting online criminal matters, including terrorism related cases while adhering to the fundamental principles of human rights. Concrete Steps:
EEDS ASSESSMENT AND FACILITATING HUMAN-RIGHTS BASED RESPONSES: Initiate national needs N assessments that will include analyzing the current regulatory framework and legal environment to identify challenges and areas for improvement, including their compliance with respecting human rights. Based on the findings, strengthen the capacities of national stakeholders in up to ten OSCE participating states (pS) and Partners for Cooperation (PfC). When needed, providing support to updating regulatory frameworks through establishing the National Working Groups to promote the implementation of needs assessment recommendations.
REATING STANDARD OPERATIONAL PROCEDURES AND DEVELOPING C CAPACITIES: Enhance national regulatory frameworks and procedures to address limitations hindering law enforcement’s ability to request and obtain electronic evidence from foreign service providers. Additionally, bolster operational capacities of respective pS and PfC in navigating cross-border electronic evidence requests while upholding human rights obligations. Facilitate the delivery of train-the-trainer courses on requesting electronic evidence across borders for the relevant national law enforcement and judicial institutions, using the available materials.
SUB-REGIONAL EVENTS: Organization of sub-regional events for relevant stakeholders representing Central Asia and South-Eastern Europe. The sub-regional events will seek to identify new and remaining challenges, opportunities, as well as lessons learned following the implementation of previous project activities.
DIALOGUE: Synchronize efforts on the substance across the OSCE region by identifying challenges, opportunities, and lessons learned by organizing a two-day OSCE-wide dialogue with participation of experts, relevant stakeholders from pS and PfC;
Expected Results
Result 1: Pinpointing the Result 2: Fortifying Result 3: Bolstering the specific needs and priorities regulatory frameworks and technical capacities of national of OSCE pS and PfC regarding operational capabilities law enforcement agencies the cross-border acquisition of pS and PfC in cross- and judiciaries in cross- of electronic evidence for border electronic evidence border electronic evidence combating online criminal acquisition, particularly acquisition, emphasizing activities, including terrorism- concerning terrorism-related adherence to human rights related cases with a human cases by developing standard standards. rights-centered approach. operational procedures (SOPs) and organizing advocacy events.
This extra-budgetary project is funded by: