{"id":1140,"date":"2018-10-23T05:55:44","date_gmt":"2018-10-23T05:55:44","guid":{"rendered":"https:\/\/mchmelar.cz\/?p=1140"},"modified":"2024-12-04T05:35:09","modified_gmt":"2024-12-04T05:35:09","slug":"international-criminal-cooperation","status":"publish","type":"post","link":"https:\/\/kb.mchmelar.cz\/?p=1140","title":{"rendered":"International Criminal Cooperation"},"content":{"rendered":"\nIt’s changing extremely fast.\nwe don’t know where the data is, but we need to get it fast.\nMutual legal assistance\u00a0treaties. Convention on cybercrime. But it is not declaring cooperation within states.\nEven 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\u00a0by the court.\n\n\nThe biggest problem of MLA are:<\/span>\nTime (can take months)\nMessage in a bottle = no idea if you will get a response\nnot between all countries = need to have diplomats\nNot up to date\nThe other party does not cooperate (Estonia asked MLA to russia n 2007, refused)\nThe other possibility<\/u>\ncontact straight the service provider (SP)\n \nE-evidence\n<\/span>new eu project to sharing data. Directive 2014\/41\/EU\n\n\nBotnet problem\nthe 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.\nPRivate companies and crimanalgroups\u00a0being processed as domestic case\n\n\nInternation player = UN\n\n\nUgly 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\u00a0go anywhere\u00a0abroad.\n\n\nPossible solutions:\nSanctions(they are harming \u00a0normal people most, not so much impact on politicians ),\nAttack back (also illegal, escallation\u00a0leading to real war) ,\nPublishing data about attackers, target will be better prepared and may lead attacker to stop. How? US started court of these guys in US\u00a0(they were convicted), which made a great publicity\n\n\n(These chinese\u00a0guys will get new passports and surgery and can travel anyways)\nDeterrence\n<\/span>we know what u are doing, stop it. Otherwise, we will make more serious steps\nwarning the other player. (We know that you are attacking us)\n\n\nOther options\n<\/span>Council of Europe Convention on Cybercrime (60 states signed up)\nEuropol, Eurojust or Interpol\n24\/7 point of contact networks\nUS Cloud Act: domestic law, allowing domestic entities to access\u00a0data stored\u00a0abroad. (bilateral agreements\u00a0with “qualifying foreign government”)\n\n\nEuropean Union\n<\/span>\n\n\nLoss of location: Cloud, TOR, hiding IP\nSolution: Government runs their\u00a0own TOR exit node,\nIn Belgium: if nothing else works, just hack it. and let the others know about it later\n\n\nIvanov and Gorchov<\/span>\nrussian hacking bears\u00a0 against FBI: FBI made a fake company, offered them a bunch of money for theil skill, so ther flew to US and were arrested.\n\n\n\n\nPrinciple of territoriality\n<\/strong>Estonial police cant investigate in russia\n\n\nFBI investigating Playpen: hacked server and installed malware.\u00a0<\/strong>\nEthical issues:<\/span>\nTOR-how ethical\nFBI running child porn server\nrights of the kids\n\n\nLegal Issues:<\/span>\nExtradition of the … not domestic\nFBI -> Mozilla\u00a0abuse\nMalware, how to specify a target\nSharing a child pornography\nlegality of FBI methods\n \nrule 41 -> u can direct a law to anyone, if service was hidden by tor.\nTOR<\/strong> is famous for drugs, assassins, but it is necessary\u00a0for a journalist and human rights activists<\/strong>\u00a0from countries\u00a0with restricted access to the internet\n“The only international treaty that includes provisions regarding mutualMLA, specifically in\u00a0cyber crime\u00a0cases, is the Council of Europe (CoE)Convention on Cybercrime.”\n\n\n \n","protected":false},"excerpt":{"rendered":"

It’s changing extremely fast. we don’t know where the data is, but we need to get it fast. Mutual legal assistance\u00a0treaties. 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\u00a0by the court....<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25],"tags":[55],"_links":{"self":[{"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/posts\/1140"}],"collection":[{"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1140"}],"version-history":[{"count":1,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/posts\/1140\/revisions"}],"predecessor-version":[{"id":5824,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=\/wp\/v2\/posts\/1140\/revisions\/5824"}],"wp:attachment":[{"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1140"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1140"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kb.mchmelar.cz\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1140"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}