Challenges Related to Fight Against Cybercrime. A Need to Strengthen International Cooperation

Abstract

The objective of this article is to highlight the need for additional tools and frameworks for international cooperation. As the cyber threat landscape has considerably worsened in the last few years, in particular during the COVID-19 pandemic, law enforcement authorities worldwide need to take necessary measures to respond to this situation. As there are also new types of crime and modus operandi emerging, countries need to assess their legislative and organizational frameworks, and improve their capacities to detect and investigate these criminal offences. As most of the cases are of cross-border nature and electronic evidence needed for the investigations is stored in other countries, there is a greater dependence on international cooperation in conducting successful investigations. As traditional Mutual Legal Assistance measures don’t provide the necessary speed and effectiveness needed to adequately address the cybercrime threat, additional tools need to be developed. So far the Convention on Cybercrime or Budapest Convention has been the only international legally binding treaty on cybercrime and electronic evidence. In order to provide additional measures to supplement the ones established in the Convention, officials have opened discussions about creating the Second Additional Protocol. Although the background work and preparations for the Protocol were conducted over the course of several years, the Protocol negotiations started officially in September 2017. In May 2021 the Cybercrime Convention Committee agreed on the conditions of the Protocol. The Protocol would complement the Convention and provide several new tools and measures for law enforcement authorities. These measures include inter alia Mutual Legal Assistance and disclosure of computer data in emergency situations as well as providing avenues for direct cooperation with Multinational Service Providers. The Protocol will be opened for signature in 2022 and hopefully implementing the measures listed in the Protocol will aid in the fight against cybercrime and increase the effectiveness of international cooperation. As the threats and risks related to cybercrime have increased over the years, it is also time for law enforcement to display a stronger response to this pressing issue.