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
When conducting digital investigations, authorities often run up against the problem that the data they are looking for is stored on servers abroad or that service providers do not respond to requests. The European Commission is therefore working to develop uniform standards. A number of companies are already cooperating in these efforts.
The European Union intends to make it easier for the police and secret services to access servers belonging to Internet providers. This is set out by a position paper by the European Commission on gaining access to e-evidence, which was discussed at the recent Justice and Home Affairs Council. The paper contains proposals for implementing the Council conclusions on “Improving criminal justice in cyberspace” of June of this year. Allowing authorities to submit direct enquiries to companies is on the table. E-evidence: Internet companies in the USA to facilitate direct enquiries by European authorities weiterlesen
The European Union is discussing access by law enforcement authorities to encrypted communications in a number of papers, working groups and new cooperation forums. The “crypto debate” begun around a year ago on ways to circumvent encryption or access protected communication has gained new momentum.
Most recently, the Luxembourg Council Presidency sent out a paper setting out the challenges posed by “Internet communication channels and multiple social media” to the Member States. The paper expresses the view that new “encryption based technologies” are increasingly hampering or rendering impossible effective investigations. According to this paper, these technologies are of particular significance not only in the area of “counter-terrorism policies”, but also of “anti-radicalisation measures”. EU puts circumvention of encryption back on the agenda weiterlesen