States’ jurisdiction, traditionally anchored on the principle of territoriality, is increasingly challenged as cyberspace is in principle borderless. Notably, law enforcement agencies’ access to criminal evidence is complicated by storage online, often by private companies’ servers, and often abroad in another jurisdiction. This growing lawlessness in cyberspace complicates law enforcement’s ability to rapidly secure and obtain digital evidence to prevent and investigate serious crime and terrorism.
Generally, no harmonised global approach exists on how to access such information. A wide array of evolving national approaches are threatening to fragment cyberspace, causing conflicting requirements on Internet companies, and posing tough questions about the rule of law, inclusiveness and online rights.
These challenges are forcing governments and international institutions to consider new frameworks for cooperation and is leading to a global rethink on how to better determine jurisdiction in cyberspace.
This session will convene experts from law enforcement, the Council of Europe, tech industry, civil society and academia to address current challenges and point to possible solutions.
- Alexander Seger, Head of Cybercrime Division, Council of Europe
- Neide de Oliveira, Coordinator of the National Working Group on Cybercrime, Brazil
- Paul Mitchell, General Manager, Technology Policy, Microsoft Corporation
- Bertrand de la Chapelle, Director, Internet & Jurisdiction Project
- Emma Llanso, Director of the Free Expression Project, Center for Democracy & Technology
- Nathalia Foditsch, American University
- Christian Borggreen, Director, International Policy, Computer & Communications Industry Association (CCIA)