1. Legal & Political Issues in International Computer Crime Investigation & Prosecution Jennifer S. Granick jennifer@granick.co m

2. Legal & Political Issues Internet Crime is International Crime The Internet is an international medium The Internet connects far-flung offenders with far-flung victims Perpetrator and victim can be in same country, but evidence is located in other country or countries

3. International Investigation: Poses Procedural Difficulties Reliance on local investigators Cooperation: between governments and with LE agencies Training of investigators Resources for investigation and preservation of data

4. International Investigation: Poses Procedural Difficulties Record keeping Traffic log preservation & real time auditing Authentication and chain of custody: Meets standards of court where case will be brought? Privacy

5. International Investigation: Poses Procedural Difficulties Trans-Border Searches Sovereignty Privacy Notice to government, to suspect

6. International Investigation: Poses Procedural Difficulties Jurisdiction Who tries the offender? Extradition ?

7. Attempted Solutions to Procedural Difficulties US has 20 bilateral mutual legal assistance treaties (MLATs) Domestic mutual legal assistance; letters rogatory Multilateral agreements and compacts

8. Substantive Issues What is a cyber crime? Access Tampering Sabotage Use Fraud Espionage Privacy violation Damage/theft Intellectual property violations Child pornography

9. Benefits of consensus: No safe haven for criminals Promotes cooperation to solve crime

10. Possible Legal and Political Solutions Market solutions? Domestic and/or Bi-Lateral solutions Council of Europe: Cyber Crime Convention: www.coe.fr/index.asp Definition of offenses jurisdiction international cooperation search and seizure

11. Possible Legal and Political Solutions Group of Eight: Enhance LE abilities Network of high tech expert contacts for LE Training conferences Review of G8 member legal systems and recommendations P reservation of traffic data and promotion of real time traffic monitoring

12. Possible Legal and Political Solutions Problems with consensus/solutions that aid prosecution of cases: No "laboratory" approach to freedom or Internet security International human rights issues