Terrorist attacks often require immediate responses to emergency incidents, preservation of data and urgent data requests for international cooperation. Lawfully obtaining electronic evidence, or e-evidence, from the Internet and communication service providers is critical to successful prosecutions. More specifically, e-evidence can be used to indicate the location of terrorists and organized crime suspects, with whom they were communicating, and what crimes they planned and committed.

 

United Nations Security Council resolutions 2322 (2016) and 2396 (2017) recognized the importance of considering the re-evaluation of methods and best practices, in particular those related to e-evidence, and the challenges faced by Member States in obtaining admissible e-evidence. They also stressed the importance of Member States’ capacity to cooperate with the private sector in accordance with applicable law.

Further, United Nations Security Council resolution 2617 (2021) stressed the need for Member States to act cooperatively to prevent terrorists from exploiting information and communication technologies, as well as the need for Member States to continue voluntary cooperation with the private sector and civil society to develop and implement more effective means to counter the use of the Internet for terrorist purposes. This includes developing counterterrorist narratives and technological solutions, all while respecting human rights and fundamental freedoms and being in compliance with domestic and international law.

 

The Terrorism Prevention Branch of the United Nations Office on Drugs and Crime (UNODC) and the United Nations Security Council Counter-Terrorism Committee Executive Directorate (CTED) have created a tool that outlines comprehensive international service provider practices in responding to data requests from foreign governments.

 

The Data Disclosure Framework (DDF) is the result of active engagement with service providers to provide start-ups, smaller companies and micro-platforms with the confidence to lawfully respond to requests for data in counter-terrorism investigations, all while respecting the right to privacy.