The renewed cybercrime agreement aims to speed up cross-border investigations

The main changes to the Budapest Treaty, which came into force after 2004, focus on updating investigative tools that are too late to be effective in the case of cybercrime where hackers can move quickly and lose data. I’m guessing. Under the revised agreement, new legal channels make it easier for prosecutors and police to quickly obtain digital evidence by contacting technology companies outside their jurisdiction, according to cybercrime experts. Become.

The new protocol will be announced next month at an online conference hosted by the Council of Europe, an international organization based in Strasbourg, France, which oversees the Budapest Treaty. The government will be able to sign the protocol next year.

The original treaty, signed by 65 countries, including the United States, Japan, Ukraine and members of the European Union, provided a general definition of hacking and other types of cybercrime. Peter Swire, a professor at the Georgia Institute of Technology’s School of Cybersecurity and Privacy, said the unity has already helped prosecutors and police work together across borders.

“Without the Budapest Treaty, international cooperation is often illegal because the same actions are criminal in different countries,” Swire said.

The agreement has led authorities to request more data from foreign counterparts during cybercrime investigations.

Currently, US law enforcement agencies can request data from domestic companies under cloud law. However, under the revised Budapest Treaty, US authorities can make similar requests in other countries that sign the Protocol. Each government can decide whether to require companies in its jurisdiction to comply with the order.

Marco Stefan, a researcher at the European Policy Research Center, a Brussels-based think tank, said:

Alexander Seger, Head of Cybercrime for the Council of Europe, said that ideally all countries would sign. But he said the government first needed to prove that it met privacy requirements and other standards for processing evidence. “No one intends to participate,” he said, adding that Brazil asked for participation about a year and a half ago, but the criteria are still under consideration.

Russia, which other countries have accused of several recent ransomware attacks, has not indicated that it will join the Budapest deal. Instead, it is proposing another UN agreement on cybercrime, with some experts saying it will compete with the Budapest Treaty. Discussions on the UN agreement will begin next year. Russia has denied involvement in hacking.

According to prosecutors and legal experts, the updated Budapest Treaty does not address some major obstacles, including facilitating the tracking of cryptocurrencies used to pay ransomware gangs. However, earlier this month, officials from 31 countries and the European Union agreed to coordinate cryptocurrency oversight at the White House Summit on ransomware.

Chris Painter, a former cybercrime prosecutor and chief cybersecurity officer at the Obama administration’s State Department, said bottlenecks hinder law enforcement as cyberattacks surge. He said that many requests from foreign law enforcement agencies, known as Mutual Legal Assistance Treaties, were too broad to specify what information was needed.

“Many requests are pretty incomplete, like’Tell me everything you know about IP addresses’,” he said.

Catherine van de Haining, an assistant professor at the Law School of Antwerp University and a prosecutor specializing in cybercrime, said the prosecutor would bother to file a request across jurisdictions if the authorities thought they would not respond quickly. He said he may not. “It’s not worth our time,” she said.

Some of the most important changes to the treaty will allow law enforcement agencies to send data requests directly to technology companies. Countries determine whether companies in their jurisdiction need to comply with data requirements.

Investigators can also request information about the individual who creates the website directly from the domain name registrar. The name and contact details of the website registration were published before the European Union’s 2018 General Data Protection Regulation came into effect. Authorities have complained that widespread legislation makes investigating cybercrime more difficult.

Markko Künnapu, an Estonian Ministry of Justice adviser who helped negotiate the new protocol, said that cooperation between companies and foreign law enforcement investigators is uneven and varies between technology companies and the countries in which they are located. Said.

Currently, prosecutors and police are required to send a Mutual Legal Assistance Treaty to their overseas counterparts in order to obtain data from companies in their jurisdiction. Often, Internet service providers, web hosts, emails, or other service providers delete data before authorities process the request or clear evidence that hackers may identify them. I will take the measures of.

“Even if it takes months and in some cases we don’t get a response, we still have questions about how to continue to provide the protection we need for our citizens and businesses,” said Künnapu.

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The renewed cybercrime agreement aims to speed up cross-border investigations

Source link The renewed cybercrime agreement aims to speed up cross-border investigations

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