Governments have the obligation to protect society and individuals against crime while respecting rule of law and human rights standards. Securing evidence on computer systems, that is, electronic evidence not only in relation to cybercrime but in relation to any crime, is essential for criminal justice.
The challenges faced by criminal justice authorities have been identified. It is now necessary to focus on specific issues that are to be addressed and move towards options and solutions.
These range from making mutual legal assistance more efficient to direct transborder cooperation with service providers and direct transborder access to data where mutual legal assistance is not feasible; and these must meet data protection and rule of law requirements.
A combination of immediate measures (such as better use of existing instruments, pragmatic solutions based on lessons learnt or online tools) and negotiation of additional international legal solutions should be pursued.
The following issues and options are currently being considered by the Cloud Evidence Working Group of the Cybercrime Convention Committee (T-CY).
