On 25 January 2022, the Counter-Terrorism Committee Executive Directorate (CTED) issued a Trends Report on “The State of International Cooperation for Lawful Access to Digital Evidence: Research Perspectives”.&苍产蝉辫;
Prepared in accordance with Security Council resolution 2617 (2021), this report builds on CTED’s engagement with Member States, including in the context of the country assessment visits conducted on behalf of the Counter-Terrorism Committee. It also benefits insights collected from various sources, including privacy- and data-protection agencies, and representatives of the private sector and civil society organizations (CSOs) from around the world, as well as members of relevant international and regional institutions working on cross-border data reforms. This report offers a snapshot of the regulatory reform landscape as of late 2021 and its main objective is to identify some of the major trends that contribute to the current overall cross-border situation in this area.
There are currently several major reform initiatives under way to ensure that law enforcement authorities have access to foreign-held data. In addition to regional initiatives such as that of the European Union and major reforms being introduced in States such as Brazil, China, India, the Russian Federation, and the United States, there are two major multilateral initiatives: the draft United Nations Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes and the recently adopted Second Additional Protocol to the Council of Europe Convention on Cybercrime (‘Budapest Convention”) on enhanced co-operation and the disclosure of electronic evidence.
Each of these initiatives promises to resolve some aspect of the problems associated with access to electronic evidence. However, as is often the case when there are multiple reform efforts under way, there is a chance of fragmentation and the establishment of several competing and overlapping regimes on cross-border evidence. There are also concerns about a potential reduction in protections for basic human rights, including due process, freedom of expression, and privacy, which must be addressed in step with reform efforts.
The key challenges going forward will therefore include ensuring interoperability between the various initiatives and expanding the capacity of law enforcement agencies faced with a series of new transnational regulatory regimes. This is therefore a moment of opportunity for global and regional institutions, as well as private and multistakeholder groups, to expand capacity-building efforts aimed at addressing these challenges.
CTED will build on this analysis with the aim of supporting the Committee’s work to promote implementation of the relevant Council resolutions relating to information and communications technologies (ICT). In this respect, CTED is committed to:
- Continue its work on countering the use of the Internet, other ICTs, and other emerging technologies for terrorist purposes, while respecting human rights and fundamental freedoms.
- Explore ways to continue to expand its dialogue within the United Nations system and with international and regional actors, as well as to deepen its engagement and cooperation with the relevant civil society and private sector entities.
- Make full use of the Committee’s assessment and stocktaking tools and its dialogue with Member States in order to further its assessment and thematic analysis, as well as to identify and promote relevant good practices.
- Continue to identify and assess issues, trends, and developments relating to the implementation of the relevant Council resolutions.