Legal & Political Issues in International Computer Crime Investigation & Prosecution - PowerPoint PPT Presentation

lyndon
legal political issues in international computer crime investigation prosecution l.
Skip this Video
Loading SlideShow in 5 Seconds..
Legal & Political Issues in International Computer Crime Investigation & Prosecution PowerPoint Presentation
Download Presentation
Legal & Political Issues in International Computer Crime Investigation & Prosecution

play fullscreen
1 / 12
Download Presentation
Legal & Political Issues in International Computer Crime Investigation & Prosecution
138 Views
Download Presentation

Legal & Political Issues in International Computer Crime Investigation & Prosecution

- - - - - - - - - - - - - - - - - - - - - - - - - - - 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