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
Restrictions on movement and contact, border closures, travel bans – the Covid 19 pandemic also means considerable limitations on civil liberties and fundamental rights in Germany. Many measures, however, particularly affect refugees.
On 16 March the European Union closed its external borders. Although the application for asylum was supposed to be one of the exceptions to entry permits, de facto the official border crossings for asylum seekers remained largely insurmountable. The EU is also stepping up the surveillance at „green“ and „blue“ borders. The border agency Frontex has suspended some of its operations, for example in the Western Balkans, because of the Corona crisis. But on the other hand, Frontex has extended its missions in Greece, which has seen a high number of arrivals of refugees due to tensions with Turkey, by two „Rapid Border Interventions“ at the Evros border river and in the Aegean Sea. At the beginning of April, the governments involved also suspended the „Malta deal“ for sea rescue in the central Mediterranean. Rescued persons are no longer being redistributed to the states willing to receive them; this affects a total of 731 refugees, most of whom were supposed to come to Germany. Malta and Italy completely closed their ports to private rescue vessels a little later, only with much public pressure could 150 rescued persons from the German ship „Alan Kurdi“ disembark in Malta in mid-April, most of the others were brought back by the Libyan coast guard – even from waters for which Malta is responsible. „Corona and the situation of refugees in Germany“ weiterlesen
Two Germans are in extradition custody in Slovenia and Italy at the request of Turkish authorities. Both come from Turkey and were granted asylum in Germany for political persecution and later citizenship. Interpol should have withdrawn the request. The BKA, however, concealed the asylum status of the two.
Two months ago, the Slovenian police arrested Ismet Kilic, who lives in the German city Duisburg, on his return from holiday and imprisoned him for extradition. This was based on a request to arrest and extradite Ismet Kilic from Turkey, which was distributed as a so-called Red Notice via the police organisation Interpol.
Kilic had applied in Germany for asylum in 1997. The subsequent recognition as a politically persecuted person was based on Turkish accusations that he had founded a trade union for civil servants and was a member of a left-wing extremist organisation. His conviction before the State Security Court in Ankara was in absentia, and Interpol’s request, which now led to his arrest, relates to the prison sentence imposed at the time. „Interpol requests from Turkey: Sloppiness of German police puts own citizens into prison“ 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
The European Investigation Order in criminal matters allows judicial authorities in all EU Member States to instruct each other to collect evidence. It also sets forth provisions for cross-border telecommunications surveillance. The European standardisation institute ETSI is consequently working on interfaces for the hand-over of intercepted phone calls.
By May 22nd, the Member States of the European Union have to transpose the European Investigation Order in criminal matters (EIO) into national law. The Directive defines cross-border cooperation between judicial authorities including courts, investigating judges and public prosecutor’s offices. In the future, an “issuing State” can oblige an “executing State” to gather evidence in criminal proceedings. This entails inter alia conducting investigations.
It also sets forth provisions for the “temporary transfer of persons held in custody”, hearings by video or telephone conference or the use of the European arrest warrant to transfer people (including temporarily) to courts of another state. There is a dedicated chapter on telecommunications surveillance and the transfer of the “electronic evidence” gathered during such. „Project SMILE: Interface for European telecommunications interception“ weiterlesen