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Cybercrime and cyber-enabled crime (meaning crime committed by means of ICT) are almost by definition transnational. On the one hand, cybercriminals can commit their offences from nearly any location, (mis-) using globally available telecommunication technologies and networks systems. On the other, their acts often affect individuals, companies and/or public entities in various countries across the world. In order to fight such crime, international cooperation is thus indispensable.
Yet, in contrast with the rapidness of cyber(-enabled) criminal activity and the volatility of data needed for the prosecution of cybercrime, the existing mutual legal assistance (MLA) framework is still quite slow and burdensome, notwithstanding recent amendments in light of the Buda - pest Convention.
As long as the existing MLA framework is not adjusted to the actual needs of law enforcement in the field of cyber(-enabled) crime, there is a real risk that law enforcement authorities will use alternative methods of obtaining digital evidence, without complying with the existing MLA framework and thus potentially resulting in overstepping the boundaries of national sovereignty and the principle of territoriality. Such MLA ‘without assistance’ or ‘self-service’ obviously puts at risk the suspect’s fair trial rights.
The purpose of this workshop is, in a first step, to analyse the problems relating to the existing MLA framework and potential dangers of MLA ‘without assistance’. Next, the specificities and challenges of cyber investigations in an international context will be discussed. In a final session, concrete solutions for a future, more effective cyber-proof international co - operation will be made, taking into account the aforementioned challenges and the European fundamental rights’ framework.
This workshop offers a unique opportunity to gather academics from different disciplines, representatives of law enforcement authorities and the private sector, as well as practitioners around a highly topical subject which is of concrete relevance for Luxembourg and the numerous IT service providers located in the Grand Duchy.
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