Joining a gathering of experts in Amsterdam this week, the International Chamber of Commerce (ICC) underscored the importance of modernising and streamlining existing mutual legal assistance (MLA) mechanisms while safeguarding fundamental rights and legal certainty for companies.
Organized by the Dutch European Union (EU) Presidency, the conference, “Crossing borders: jurisdiction in cyberspace“, brought together representatives from the private sector, judiciaries, law enforcement agencies, national ministries, and academia to discuss proposals for the improvement of international cooperation on cybercrime issues, and exchange views on how best to attain a common understanding for moving forward.
The borderless nature of the Internet often strains the concept of territorial jurisdiction and jurisdictional issues frequently hamper the effective rule of law in cyberspace. The Dutch EU Presidency has flagged the issue of operational cooperation between law enforcement authorities within the European Union – and more broadly, the need to review obstacles to criminal investigations on Cybercrime – as a priority on the EU Agenda.
It’s important to modernize and streamline existing mechanisms like MLA to adapt them to the needs of cyber-investigation.
Echoing recommendations raised in the ICC Commission on the Digital Economy policy statement on using mutual legal assistance treaties to improve cross-border lawful intercept procedures, Cristina Vela, Senior Advisor at Telefónica S.A. and Chair of the European Telecommunications Network Operators’ Association (ETNO) working group on data protection, trust and security said: “It’s important to modernize and streamline existing mechanisms like MLA to adapt them to the needs of cyber-investigation while at the same time maintaining their basic principles as necessary safeguards in protecting the fundamental rights of individuals, legal certainty for companies and the needs of a fair process.”
Conference discussions stressed the importance of avoiding safe havens for cyber criminals for a secure, stable and sustainable Internet. The forthcoming Slovak Presidency will follow-up the discussion, building on the work undertaken by its predecessor to assess how far concrete proposals for improving international cooperation on cybercrime can be put on the table.
For more information
For more information about the conference “Crossing borders: jurisdiction in cyberspace” click here
To read the ICC policy statement using mutual legal assistance treaties (MLATs) to improve cross-border lawful intercept procedures click here
For more information about ICC Commission on the Digital Economy click here