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.

LIVE_FOR Workshop in Brussels

On March 14, 2018 the LIVE_FOR project organised the first face-to-face educational event in Brussels after conducting the webinar last week on March 07, 2018.

The workshop focused on the title of the project: Criminal Justice Access to evidence stored in the cloud. 22 participants discussed the procedure of using the European Investigation Order as a tool for collecting electronic evidence abroad in detail.

Emmanuelle Legrand, Seconded National Expert to the European Commission (DG JUST) and a French Investigating Judge, led the discussions of the participants about the impact of location of servers for issuing evidence collection by using the EIO and analysed the EIO-form together with the attendees.

Afterwards, Antonio Rodriguez, Head of Cybersecurity at the inLab.FIB-esCERT, gave a live demonstration focussing on e-mail forensics, illustrating the technical execution of an issued digital forensics measure.

The workshop was finished by a presentation of Christian Förster, Investigator at the German Bundeskriminalamt, who introduced his INTLI project, which examines the International Lawful Interception of Telecommunication and the live exchange of evidence.

During the whole day the participants had fruitful discussions and exchanged many best practices.

Output of the workshop will be summarized in a paper, which will be published in the next quarter.

First LIVE_FOR Webinar

On March 7, 2018 the LIVE_FOR project successfully organized the first webinar on the European investigation order (EIO), e-evidences, and digital forensics. The webinar will be complemented by a face-to-face workshop in Brussels on March 14, 2018.

The webinar’s programme was opened by Lewin Rexin from Hochschule Albstadt-Sigmaringen who briefly presented the LIVE_FOR project and the three distinguished speakers

Toma Milieskaite from the European Commission, DG Justice then gave a very interesting presentation on the EIO, including the procedure of issuing, transmission, and recognition of the EIO, as well as the upcoming tools and innovations by the European Commission.

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.

Finally, Lodewijk van Zwieten, Public prosecutor from the Netherlands, presented best practices and challenges in using the EIO for the collection of e-evidence.

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://webconf.vc.dfn.de/pvfewsdrocyk/