Final LIVE_FOR Joint Meeting

The final LIVE_FOR event on the “European Investigation Order (EIO) and digital forensic analysis” took place on December 18, 2018 in the city of Barcelona. The event, organized by Polytechnic University of Barcelona, attracted 39 participants from 10 European countries. Key topics of the event that aimed at presenting the main results of the LIVE_FOR project and discuss practical experiences of the practitioners were:

  • Digital Forensics – Best practices and readiness tools in cloud forensic and analysis of encrypted evidences
  • European Investigation Order (EIO) – Best Practices in EIO requests preparation: need assessment and proportionality of the requested data & ethical issues
  • New horizons for cross border gathering of e-evidence: legal and technical insights

The agenda consisted of three sessions and a round table.

Session 1: Best Practices in e-Evidence handling in EIO implementation

Charlotte J. Farrar from Europol first presented the SIRIUS project which has established a secure web platform for law enforcement professionals, judges and prosecutors, which allows them to share knowledge, best practices and expertise in the field of internet-facilitated crime investigations. After that, Antonio Rodriguez from UPC explained digital forensics from a technical point of view and showed cloud forensics best practices developed within the LIVE_FOR project. The session was chaired by Manel Medina from UPC.

Session 2: Best Practices in EIO requests preparation: need assessment and proportionality of the requested data & ethical issues

During the second session, Lewin Rexin from Albstadt-Sigmaringen University first gave an overview of the European investigation order. Then, an investigating judge Claudia Pina from Portugal presented practical issues of the process of validation and issuance of the European investigation order, while Tanja Fachathaler from Fair trials discussed the challenges to fundamental rights when accessing e-evidence. Recordings of both presentations can be seen below.

Session 3: New horizons for cross border gathering of e-evidence: legal and technical insights

The third session chaired by Catherine Garcia-van Hoogstraten from The Hague University of Applied Sciences consisted of three presentations:

Recordings of all three presentations are available below.

Round table

At the end of the event, all speakers shared their final views on the European investigation order, cross-border e-evidence collection and preservation, and digital forensics. Below you can watch the recording of the round table.

Second LIVE_FOR Webinar

On September 13, 2018 the LIVE_FOR project successfully organized the second webinar on the European investigation order (EIO), e-evidence, and digital forensics. The webinar was complemented by a face-to-face workshop in Brno on September 20, 2018.

The webinar’s programme was opened by Vaclav Stupka from the Masaryk University who briefly presented the LIVE_FOR project and the European investigation order.

Barbora Jekielek Henzl from the Ministry of Justice of the Czech Republic then explained the newly proposed regulation on European production and preservation orders.

Lewin Rexin from the Albstadt-Sigmaringen University presented best practices on applying the European investigation order for gathering e-evidence from the cloud.

The next two presentations were more technical. Marian Svetlik from the Masaryk University gave an overview of the basic properties of digital evidence, electronic mail and cloud.

Finally, Antonio Rodriguez from Politechnical University of Catalunya (UPC) provided an overview on digital forensics and collecting digital evidence online. He explained how Internet works, how data is stored, and what logs are available. He also showed how digital evidence can be secured, which acquisition methods can be used, and how the evidence can be securely transferred.

The slides shown during the webinar can be accessed by clicking on the above pictures.

You can find the webinar recording at the following address: https://connect.cesnet.cz/p85uteffrg8/?proto=true

Second LIVE_FOR Round Table

On 9 May 2018, the LIVE_FOR project will organize in Brussels its second round table on THE NEW EU FRAMEWORK ON E-EVIDENCE.

The intensive use of electronic devices, the quantity and quality of the data by them generated have led Law enforcement and judicial authorities to increasingly rely on the analysis of electronic stored information to carry most of their criminal investigations. Due to the geographic dispersion of internet service providers (ISP’s) model of business, even ordinary crimes with a clear national scope have acquired a cross border element. Until now national authorities have relied on different instruments for judicial cooperation, such as the European Investigation Order, or alternatively directly approached service providers under uncertain legal basis.

Considering the complaints by both law enforcement and ISP, in August 2017 the European Commission published an Inception Impact Assessment on the improvement of cross border access to data in criminal matters. The document highlighted the need for a legislative solution and resulted in the drafting of an e-evidence proposal unofficially scheduled for the end of January 2018,  the  presentation of the proposal was finally postponed.  In the meantime, at the other end of the Atlantic, the U.S took the regulatory initiative on the discussion amid intense debates over the Microsoft Ireland case, by adopting the “Clarifying Lawful Overseas Use of Data Act” (Cloud Act). Whether influenced by it or not, the European Commission presented on the 17 of April 2018 a proposal for the adoption of new rules on the gathering of electronic evidence.  In particular the EC presented a Regulation establishing European Production and Preservation orders for electronic evidence and a Directive on the appointment of legal representatives of service providers in EU. These measures aim to “allow law enforcement in EU Member States better track down leads online and across borders, while providing sufficient safeguards for the rights and freedoms of all concerned”.

LIVE_ FOR round table will bring together expert views of the main actors involved in the debate, to provide a first analysis of the e-evidence proposals and discuss the potential impacts the same could represent to the collection, exchange and analysis of e-evidence in the EU.

Details of the event:

Time:  9 May 2018,

  • 12:00 – Arrival and Lunch
  • 12:30 – Start of the discussion
  • 14:00- End

Location : Green Room, U-Residence, Vrije Universiteit Brussel, Bld Géneral Jacques 271, 1050 Ixelles,Brussels.

Registration: To register to attend, please contact Sergi Vazquez Maymir

Chair/Moderator: Prof. Dr. Paul de Hert, FRC, VUB

Speakers will be confirmed in due course.