Legal & Political Issues in
International Computer
Crime Investigation &
Prosecution
Jennifer S. Granick
jennifer@granick.co
m
Legal & Political Issues
Internet Crime is International Crime
• The Internet is an international medium
• The Internet connects far-flung offenders with
far-flung victims
• Perpetrator and victim can be in same country,
but evidence is located in other country or
countries
International Investigation:
Poses Procedural
Difficulties
Reliance on local investigators
•
Cooperation: between governments and with
LE agencies
•
Training of investigators
•
Resources for investigation and preservation
of data
International Investigation:
Poses Procedural
Difficulties
Record keeping
•
Traffic log preservation & real time auditing
•
Authentication and chain of custody: Meets
standards of court where case will be brought?
•
Privacy
International Investigation:
Poses Procedural
Difficulties
Trans-Border Searches
•
Sovereignty
•
Privacy
•
Notice to government, to suspect
International Investigation:
Poses Procedural
Difficulties
Jurisdiction
•
Who tries the offender?
•
Extradition?
Attempted Solutions to
Procedural Difficulties
• US has 20 bilateral mutual legal assistance
treaties (MLATs)
• Domestic mutual legal assistance; letters
rogatory
• Multilateral agreements and compacts
Substantive Issues
What is a cyber crime?
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Access
Tampering
Sabotage
Use
Fraud
Espionage
Privacy violation
Damage/theft
Intellectual property violations
Child pornography
Benefits of consensus:
• No safe haven for criminals
• Promotes cooperation to solve crime
Possible Legal and Political
Solutions
• Market solutions?
• Domestic and/or Bi-Lateral solutions
• Council of Europe: Cyber Crime
Convention: www.coe.fr/index.asp
• Definition of offenses
• jurisdiction
• international cooperation
• search and seizure
Possible Legal and Political
Solutions
Group of Eight: Enhance LE abilities
• Network of high tech expert contacts for LE
• Training conferences
• Review of G8 member legal systems and
recommendations
• Preservation of traffic data and promotion of
real time traffic monitoring
Possible Legal and Political
Solutions
Problems with consensus/solutions that aid
prosecution of cases:
• No "laboratory" approach to freedom or Internet
security
• International human rights issues