The EU Parliament has accommodated the member states on crucial points, but now demands special attention to fundamental rights. The controversial question is how a state in which a company is based can object to an order.
The French EU Presidency wants to get things moving on the so-called E-Evidence dossier and has scheduled several meetings of the relevant Council working groups since January. However, the Member States and the Parliament have not yet been able to agree on essential points. Today, the issue is once again on the agenda of the meeting of Justice Ministers in Brussels.
Four years ago, the European Commission proposed a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters. The law enforcement authorities of the member states want to oblige internet service providers that are not located in their own country to directly transmit data of their users. These direct contacts between states and companies would bypass the usual legal process. The regulation concerns inventory, traffic and content data. It also covers companies that are based in third countries but offer their services in the EU. For this purpose, they are to designate a „point of contact“ in an EU member state. „What’s the problem with the EU regulation on the release of electronic evidence?“ weiterlesen
In future, investigating authorities and public prosecutors‘ offices will be able to force internet providers in a third country to hand over data on their users without a court order there. Even more far-reaching surveillance measures on „e-evidence“ are to be regulated in additional agreements.
Just in time for the 20th anniversary of the Convention on Cybercrime, the Council of Europe’s Committee of Ministers adopted a second Additional Protocol on Wednesday. Under the title „enhanced co-operation and disclosure of electronic evidence“, the signatory governments want to commit themselves to the mutual release of data on servers in their territory. The treaty is to be published for signature in May 2022.
The Council of Europe brings together 47 states, including all Schengen members, as well as countries such as Russia, Ukraine, Turkey and the candidates for accession to the European Union. The Additional Protocol to the Cyber Crime Convention („Budapest Convention“), adopted in 2001 in Budapest, is currently signed by 19 other governments, including the United States, Australia, Canada, Japan, Israel and Chile. At least ten countries have been invited to join. „Budapest Convention: Council of Europe decides to facilitate the exchange of electronic evidence“ weiterlesen
No less than three international organisations are working on different agreements to ease access to servers abroad for police and judiciary. In the Council of Europe, the EU Commission might pre-empt the United Nations. Problems arise with demands from the USA.
65 states have ratified the Additional Protocol to the Council of Europe Cybercrime Convention, and three more may join. The 2001 treaty is also known as the Budapest Convention. For three years now, the participants have been negotiating a new version, which should facilitate cross-border access to „Electronic Evidence“ in criminal investigations.
Negotiations on the conclusion of the new mutual legal assistance agreement will now be delayed by at least six months. This was announced by the Cybercrime Committee of the Council of Europe after its meeting on 30 November. The new timetable provides that the agreement can be concluded in May 2021 at the earliest. „„Electronic Evidence“: No simplification for digital investigations yet“ weiterlesen
The planned EU e-Evidence regulation is intended to force Internet service providers to cooperate more with police and judicial authorities. However, a survey shows that the companies already comply with their requests voluntarily. But they are often incorrect and thus rejected.
The police from Germany, France and Great Britain request by far the most data from Internet service providers. This is the result of a study by the SIRIUS project, which Europol has published on its website. 38% of all requests (67,991) come from German authorities. Although the so-called G6 countries (Germany, France, the UK, Poland, Spain and Italy) represent half of the EU population, their authorities are responsible for around 90% of crossborder internet surveillance activities.
The SIRIUS platform located at the police agency Europol in The Hague is intended to facilitate the exchange of knowledge on electronic evidence. Via a secure connection, authorities in all EU member states can obtain information on how to query Internet service providers. This applies to traffic, user and content data, which are released in different ways. SIRIUS also contains instructions for „Open Source Internet Searches“ (OSINT) and for conducting queries on user data from various service providers. This enables the persons behind IP addresses or mail accounts to be determined. „Europol Study: Disclosure of electronic evidence often fails due to incompetence of authorities“ weiterlesen
The EU is increasing the surveillance in its Member States. US authorities could soon also wiretap legally in Europe
The new European Parliament is to be constituted in September, after which the EU Commission will be re-elected. The governments of the member states use this phase to put far-reaching surveillance measures on track. This week the Justice and Home Affairs Ministers debated this on their Council meeting in Luxembourg.
Data retention is right at the top of the agenda. EU-wide, Internet and telephone providers are to be forced to store data on customers and their communications for years. If necessary, these could later be queried by police authorities or secret services. Although the European Union adopted a corresponding directive in 2006, it was declared invalid ten years later by the European Court of Justice (ECJ). As a result, many member states issued national regulations that differ in the depth of intervention or storage period. „EU surveillance state“ weiterlesen
The FBI could soon demand sensitive communication data from European Internet service providers. It would also be possible to have the data retrieved in real time. With this, the European Union wants to make the Trump administration weigh the possibility of being able to query „electronic evidence“ on Facebook & Co.
The EU Commission wants to negotiate an agreement with the US government that forces Internet providers based in the European Union to cooperate more with US authorities. The companies would have to grant police forces and secret services from the USA access to the communication of their users. European prosecutors would then also be able to issue an identical order directly to Facebook, Apple and other Internet giants. The legal process via the judicial authorities that has been customary up to now is to be dropped. „US authorities want to legally intercept telecommunications in Europe“ weiterlesen
Police and judicial authorities are to have easier access to cloud data in the USA. To this end, a decree of the US government will also apply in the EU member states. As part of the „Budapest Convention“, US authorities could also knock directly on the door of European Internet companies.
The European Commission has today submitted two negotiating mandates for easier data retrieval from Internet companies. Their purpose is to facilitate access to „electronic evidence“ in the US. This is also possible via the EU-US Mutual Legal Assistance Agreement or bilateral mutual recognition procedures. However, this existing international legal process takes up to 10 months. But allegedly, the EU member states only make use of this laborious procedure in around 4,000 cases a year. „European Commission wants to facilitate access to servers in third states“ weiterlesen