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On 9
June, EU Justice ministers discussed further improvements to criminal justice in
cyberspace. They adopted two sets of conclusions which set out practical
measures to improve cooperation, as well as a timeline for further action.
Minister van der Steur, from the Netherlands presidency, said : "Making
progress in these areas will contribute to securing and obtaining e-evidence
more effectively, which is of utmost importance to step up the fight against
terrorism and other criminal activities in or through the use of
cyberspace."
Council conclusions on improving criminal justice in
cyberspace
The conclusions on improving criminal justice in cyberspace
set out concrete measures for future follow-up and action in three main areas of
work:
streamlining mutual legal assistance (MLA)
proceedings and, where applicable, mutual recognition related to
cyberspace, through the use of standardised electronic forms and tools.
improving cooperation with service providers,
through the development of a common framework (e.g. use of aligned forms and
tools) with them to request specific categories of data; and
launching a reflection process on possible connecting factors for
enforcement jurisdiction in cyberspace.
While some
of the measures identified in the conclusions could be implemented right away,
others need further reflection and political guidance. For this reason,
Ministers held a policy debate on two specific issues, namely:
the possible grounds for enforcement jurisdiction that could be
applied in cyberspace, e.g. grounds on which the relevant authorities can
undertake an investigative measure in cyberspace, when existing frameworks are
not enough, such as cases where relevant e-evidence is hidden or moves quickly
between jurisdictions; and
a differentiated treatment of
specific categories of data in criminal proceedings - i.e. how a differentiated
approach - between non-content (subscriber or traffic) and content data or
between real time and stored data - would affect their national legal framework,
what elements would be relevant for a common EU approach and what measures could
be considered in this respect.
The Council requested the
Commission to present deliverables on the three work streams by June 2017.
Council conclusions on the European Judicial Cybercrime Network
The
conclusions formalise and enhance the network of judicial authorities and
experts in the field of cybercrime, supported by Eurojust.
The objective
of the network is to facilitate the exchange of expertise, best practices and
other relevant knowledge and experience on the investigation and prosecution of
cybercrime.
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