1 / 12

Legal & Political Issues in International Computer Crime Investigation & Prosecution

Legal & Political Issues in International Computer Crime Investigation & Prosecution. Jennifer S. Granick jennifer@granick.com. Legal & Political Issues. Internet Crime is International Crime The Internet is an international medium

lyndon
Download Presentation

Legal & Political Issues in International Computer Crime Investigation & Prosecution

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Legal & Political Issues in International Computer Crime Investigation & Prosecution Jennifer S. Granick jennifer@granick.com

  2. Legal & Political Issues • Internet Crime is International Crime • The Internet is an international medium • The Internet connects far-flung offenders with far-flung victims • Perpetrator and victim can be in same country, but evidence is located in other country or countries

  3. International Investigation:Poses Procedural Difficulties Reliance on local investigators • Cooperation: between governments and with LE agencies • Training of investigators • Resources for investigation and preservation of data

  4. International Investigation:Poses Procedural Difficulties Record keeping • Traffic log preservation & real time auditing • Authentication and chain of custody: Meets standards of court where case will be brought? • Privacy

  5. International Investigation:Poses Procedural Difficulties Trans-Border Searches • Sovereignty • Privacy • Notice to government, to suspect

  6. International Investigation:Poses Procedural Difficulties Jurisdiction • Who tries the offender? • Extradition?

  7. Attempted Solutions to Procedural Difficulties • US has 20 bilateral mutual legal assistance treaties (MLATs) • Domestic mutual legal assistance; letters rogatory • Multilateral agreements and compacts

  8. Substantive Issues • What is a cyber crime? • Access • Tampering • Sabotage • Use • Fraud • Espionage • Privacy violation • Damage/theft • Intellectual property violations • Child pornography

  9. Benefits of consensus: • No safe haven for criminals • Promotes cooperation to solve crime

  10. Possible Legal and Political Solutions • Market solutions? • Domestic and/or Bi-Lateral solutions • Council of Europe: Cyber Crime Convention: www.coe.fr/index.asp • Definition of offenses • jurisdiction • international cooperation • search and seizure

  11. Possible Legal and Political Solutions Group of Eight: Enhance LE abilities • Network of high tech expert contacts for LE • Training conferences • Review of G8 member legal systems and recommendations • Preservation of traffic data and promotion of real time traffic monitoring

  12. Possible Legal and Political Solutions • Problems with consensus/solutions that aid • prosecution of cases: • No "laboratory" approach to freedom or Internet security • International human rights issues

More Related