October 5, 2022Past Event
The state of cybercrime is getting worse year by year despite increasing investments in cybersecurity and resilience. It is therefore essential that we redouble our efforts to bring perpetrators to justice, increase cooperation amongst law enforcement authorities, and innovate the relationship between the public and private sectors.
To address these topics, Microsoft is bringing together relevant stakeholders and partners into a per invitation only workshop that will explore core topics related to law enforcement access to electronic evidence. The workshop took place on 5 October 2022, between 9:00 - 16:00 at the Microsoft Center Brussels.
The agenda features four dedicated sessions with experts from several intergovernmental organizations, academia, and industry, who address some of the most pressing issues associated with law enforcement’s access to e-evidence both in the EU and globally. Key topics include the OECD Guidance on Trusted Government Access to Personal Data, international agreements on electronic evidence access, the UN Cybercrime Convention and digital evidence of war crimes.
Key Topics
OECD Guidance on Trusted Government Access to Personal Data
International Agreements on Electronic Evidence Access
UN Cybercrime Convention
Digital Evidence of War Crimes
Agenda
Wednesday, October 5, 2022
9.00 - 9.25
Welcome & Coffee
9.30 - 10.45
SESSION 1: Building a Foundation for Trusted Government Access to Personal Data
Digital transformation provides a real opportunity for governments and organizations to do more with less, overcoming resource challenges at a time when resilient economic recovery and growth are top of mind for everyone. However, trust in the cross-border data flows that underpin today’s digital economy is being eroded due to uncertainty in government access to data. This lack of trust is impacting the pace of digital transformation in both the public and private sectors. The OECD’s initiative to define high-level principles and safeguards for government access to personal data held by the private sector is urgently needed to build a foundation that can lead to more scalable measures and global dialogues enabling data free flow with trust. This session explores the issues underlying trusted government access to data, the need to protect public safety and national security at the same time as protecting fundamental individual rights, the impact on business of the lack of trust, and expected outcomes of the OECD process.
Audrey Plonk, Head of Digital Economy Policy Division - Directorate for Science, Technology and Innovation, OECD
Kenneth Propp, Professor of European Union Law, Georgetown University Law Center, Senior Fellow at CBDF
Alberto Di Felice, Director for Infrastructure, Privacy & Security Policy, DIGITALEUROPE
Pieter-Jan De Grave, Legal Adviser & Data Protection Officer of the Belgian Federal Police
Moderated by:
Marjorie Buchser, Executive Director, Digital Society Initiative, Chatham House
Marjorie Buchser, Executive Director, Digital Society Initiative, Chatham House
10.45 - 11.00
Break
11.00 - 12.15
SESSION 2: International Agreements: Strengthening Electronic Evidence Access
The finalization of negotiations on the E-evidence legislative package is set to pave the way for the EU-US Agreement on E-evidence, which is truly important with regards to data transfers in the field of law enforcement. In this respect, the experience of the United Kingdom and Australia in successfully negotiating CLOUD Act Agreements is instrumental to the European Union. Therefore, this session is a valuable opportunity to discuss the learnings and perspectives related to international agreements on electronic evidence access.
Phoebe McKenzie, Deputy Head Investigatory Powers Unit, National Security Directorate, UK Home Office
Nathan Whiteman, Director & Principal Legal Officer, International Cybercrime Policy and Cooperation, Attorney-General's Department, Australia
Tania Schroeter, Deputy Head of Unit, Procedural Criminal Law, DG JUSTICE, European Commission
Norman Barbosa, General Manager and Associate General Counsel, Law Enforcement, National Security and Telecom at Microsoft
Moderated by:
Matteo Quattrocchi, Director, Policy-EMEA, BSA | The Software Alliance
Matteo Quattrocchi, Director, Policy-EMEA, BSA | The Software Alliance
12.15 - 13.15
Lunch break & Networking
13.15 - 14.15
SESSION 3: Negotiating a New Cybercrime Treaty: A Challenge or Opportunity?
The session will take stock of the ongoing negotiations at the United Nations on a new cybercrime convention, touching on the issues at stakes from the potential scope of the new treaty to the question of how it would interact with existing mechanisms for transnational cooperation, such as the Budapest Convention. In particular, it will investigate what the treaty could mean for the future of law enforcement data access, as well as the implications it would have for the global technology industry. Finally, we will seek to unpack how we could leverage the negotiations to streamline existing processes and bring cybercriminals to justice.
Timea Suto, Global Policy Lead, International Chamber of Commerce
Ian Tennant, Head of Vienna Multilateral Representation & Resilience Fund, Global Initiative Against Transnational Organized Crime
Emmanuel Kessler, Head of Prevention & Awareness Outreach, Cybercrime Center, Europol
Moderated by:
Kaja Ciglic, Senior Director, Digital Diplomacy, Microsoft
Kaja Ciglic, Senior Director, Digital Diplomacy, Microsoft
14.15 - 14.30
Break
14.30 - 15.30
SESSION 4: The Road to Digital Evidence in War Crimes
Digital technologies have generated new tools that transform the way criminal investigators and prosecutors collect and evaluate the large quantity and diversity of evidence presented in war crime trials. This session explores the increasing importance of electronic evidence in prosecuting war crimes and the impact of digital transformation on war crime evidence collection.
Wendy Betts, IBA’s eyeWitness Project Director
Thomas Lynch, Senior Adviser to the Prosecutor, International Criminal Court
Hannah Bagdasar, Investigator & Analyst, Bellingcat
Moderated by:
Aisling Kelly, Assistant General Counsel, International Law Enforcement & National Security, Microsoft
Aisling Kelly, Assistant General Counsel, International Law Enforcement & National Security, Microsoft
15.30
Concluding Remarks and Reception
See you in Brussels
This event took place in our Microsoft Center Brussels, Rue Montoyer 51, 1000 Brussels.
We will continue to monitor ongoing COVID-19 regulations, follow recommendations regarding masks, social distancing, and sanitation set out by the venue and local authorities and may revise the capacity limit based on the advice received.
