International Criminal Cooperation

It’s changing extremely fast. we don’t know where the data is, but we need to get it fast. Mutual legal assistance treaties. Convention on cybercrime. But it is not declaring cooperation within states. Even if you have data from the other state, they have to be gained within Mutual legal assistance, otherwise, they are not taken as a proof by the court. The biggest problem of MLA are: Time (can take months) Message in a bottle = no idea if you will get a response not between all countries = need to have diplomats Not up to date The other party does not cooperate (Estonia asked MLA to russia n 2007, refused) The other possibility contact straight the service provider (SP)   E-evidence new eu project to sharing data. Directive 2014/41/EU Botnet problem the question is, who is paying (State, private company, criminals ). Usually, the botnet has devices in many countries. International cooperation is needed. Interpol, countries, private sector (ISPs ) need to cooperate to clarify botnet. The success rate of this is very low. PRivate companies and crimanalgroups being processed as domestic case Internation player = UN Ugly gorrilla: Chinese hackers attack the USA, USA Get to know all of them. China refuses to cooperate (hackers work for the state). The USA would like to invite them abroad where governments cooperate (Belgium..). But they don’t go anywhere abroad. Possible solutions: Sanctions(they are harming  normal people most, not so much impact on politicians ), Attack back (also illegal, escallation leading to real war) , Publishing data about attackers, target will be better prepared and may lead attacker to stop. How? US started court of these guys in US (they were convicted), which made a great publicity (These chinese guys will get new passports and surgery and can travel anyways) Deterrence we know what u are doing, stop it. Otherwise, we will make more serious steps warning the other player. (We know that you are attacking us) Other options Council of Europe Convention on Cybercrime (60 states signed up) Europol, Eurojust or Interpol 24/7 point of contact networks US Cloud Act: domestic law, allowing domestic entities to access data stored abroad. (bilateral agreements with “qualifying foreign government”) European Union Loss of location: Cloud, TOR, hiding IP Solution: Government runs their own TOR exit node, In Belgium: if nothing else works, just hack it. and let the others know about it later Ivanov and Gorchov russian hacking bears  against FBI: FBI made a fake company, offered them a bunch of money for theil skill, so ther flew to US and were arrested. Principle of territoriality Estonial police cant investigate in russia FBI investigating Playpen: hacked server and installed malware.  Ethical issues: TOR-how ethical FBI running child porn server rights of the kids Legal Issues: Extradition of the … not domestic FBI -> Mozilla abuse Malware, how to specify a target Sharing a child pornography legality of FBI methods   rule 41 -> u can direct a law to anyone, if service was hidden by tor. TOR is famous for drugs, assassins, but it is necessary for a journalist and human rights activists from countries with restricted access to the internet “The only international treaty that includes provisions regarding mutualMLA, specifically in cyber crime cases, is the Council of Europe (CoE)Convention on Cybercrime.”