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
Location : Green Room, U-Residence, Vrije Universiteit Brussel, Bld Géneral Jacques 271, 1050 Ixelles,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.
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.
The first LIVE_FOR educational workshop with a title “European Investigation Order and Digital Forensics” will take place in March 2018. The workshop will be held in two parts:
Webinar on March 7, 2018
Face-to-face training event on March 14, 2018 in Brussels
Key topics of the workshop include:
European Investigation Order (EIO)- Procedure, scope, issuing, transmitting, practical issues and experiences
Future steps – Plans of the European Commission to simplify judicial cooperation
Digital Forensics – General overview, gathering evidence from cloud services
Simulation game – How to issue an EIO on digital forensics measures
The webinar will focus on the procedure of the EIO as well as basics of digital forensics. During the face-to-face event, participants shall apply their theoretical knowledge in a simulation game, connecting both, legal and technical sides of cross border access, to evidence in the cloud.
The topics will be presented by the following experts:
Toma Milieskaite, Seconded National Expert to the European Commission, DG Justice / Researcher on EIO
Lodewijk van Zwieten, Public Prosecutor on Cybercrime, Seconded National Expert to Eurojust
Emmanuelle Legrand, Investigative Judge, European Commission DG Justice
Antonio Rodriguez, Politechnical University of Catalunya (UPC), Information Systems Engineer in Cybersecurity
Paul Lambert, Head of Digital Forensics Group at UK HM Revenue & Customs
More detailed information about the workshop, detailed programme and the registration page are available on the workshop web page.
The participation to the webinar and face-to-face training event is free of charge. There are a limited number of subsided places available to help participants meet the cost of traveling and accommodation, available on a ‘first come first served basis’. Please indicate in your registration if you would like to be considered for a subsidised place on the course.
We kindly ask you to register before February 28, 2018. The workshops will be held in English. There is no restricted number of participants to the webinar, whereas the face-to-face training event is limited to 30. All EU Member States are entitled to participate in the webinar, you will be provided with the link to the online classroom after registration.
For further questions do not hesitate to contact Lewin Rexin (email@example.com, +49 (0)173/4397723).
We are looking forward to welcoming you in our workshop!
Mechanisms for the gathering of evidence such as the European Investigation Order face important legal challenges in environments based in cloud computer architectures. The LIVE_FOR project organized round table with a title “The European Investigation Order: Challenges to Fundamental Rights and Sovereignty in the Digital Age” that took place in Brussels on January 15th 2018,
The round table addressed cross border access to electronic evidence and judicial cooperation examining its fundamental elements and addressing some of its current and future challenges surrounding the notions sovereignty, territoriality and jurisdiction, individual´s fundamental rights and the work of law enforcement authorities in the digital era.
The round table was structured in two sections, the first of them led by Professor Mireille Hildebrandt who focused on the history of sovereignty and its practice. The second part was carried by Professor Catherine Van de Heyning and discussed Law enforcement and procedural elements of e-evidence gathering.