IGF 2023 Day 0 Event #7 The role of digital evidence in combating cybercrime

As the world has become increasingly wired, and now wireless, it is only natural that crime has moved into the digital age. The use of sophisticated information systems is no longer solely the realm of the hacker and the coder, it is now also the realm of the drug dealer, the extortionist, and the illegal gambler. Such a new face of cybercrime, in turn, requires new solutions.

The presentation will look at how criminals are utilizing technology, what that means for law enforcement, and suggest ways the cybercrime investigators need to be positioned for success in this new era.

In this regard, a reference will also be made to the Second Additional Protocol to the Budapest Convention on Cybercrime (II AP), for the study will explore implications for the enforcement of contemporary bilateral and multilateral arrangements on access to data and evidence sharing, which could significantly improve international cooperation in combating cybercrime.

Consequently, the presentation will answer the question on whether II AP become the universal standard for access to electronic evidence or if other solutions should be sought and what impact this would have on the process of combating cybercrime more effectively.

It is because electronic evidence is stored in multiple jurisdictions, which, in turn, implies a need for effective cooperation between states and the private sector and legal certainty for service providers. This challenge has been most recently addressed by II AP. As per its design, it is to significantly alter judiciary-international cooperation on digital matters. This is to be achieved by allowing law enforcement agencies (LEAs) access to digital data outside their territorial jurisdictions. Hosted by the Council of Europe, II AP reflects the European approach to prioritizing personal data protection and security. It, therefore, offers a unique geopolitical perspective on the effective protection of cybercrime victims.

From an Internet governance perspective, Article 6 II AP is of particular interest. It fills the void created by ICANN's decision for its notorious WHOIS database to go black. The multistakeholder community has failed to find a solution to comply with the General Data Protection Regulation (GDPR). This resulted in disabling of a global database of registrants’ data (WHOIS), often used by LEAs. Article 6 II AP offers specific “procedures enhancing direct co-operation with providers and entities in other Parties” and sets a legal framework for a “request for domain name registration information”. Upon ratification, each state is to allow authorities to issue a request to an entity providing domain name registration services in the territory of another state for information in its possession or control. Such a request must be issued for specific criminal investigation and allow for identifying or contacting domain name registrants. States are also to permit entities within their territory to disclose such information, subject only to “reasonable conditions” provided by domestic law.

Based on comparative legal methodologies, author identifies challenges to ratification and implementation of AP II, rooted in geopolitical and cultural approaches to security and human rights. She analyses likely scenarios for its application, contrasted with parallel dialogues on the same issue, most significantly within the UN.

Expected findings include an evidence-based analysis of potential II AP implementation compared with ongoing UN processes and its potential impact on the effectiveness of the fight against cybercrime.


After the presentation, I intend to devote time to a discussion in which both active and passive participants will be able to take part. It will enable the summary of the information provided and the exchange of participants' own insights and experiences, which in turn will provide an opportunity to build networks, share their own research results and jointly develop the most effective tools from those sought in the aspect under discussion.

Online participation will take place in real time through platforms such as zoom, which will allow these discussion participants to interact directly with the speaker and stationary attendees.