Cybercrime Convention on enhanced co-operation and disclosure of electronic evidence signed 12.5.22
Updated: May 30, 2022
The Committee of Ministers of the CoE adopted and signed a second Additional Protocol to the Cybercrime Convention on enhanced co-operation and disclosure of electronic evidence (Strasbourg, 12.5.2022).
Yesterday, all EU states and countries wishing to be a part of the EU signed the second Additional Protocol to the so-called Budapest Convention.
The protocol provides a legal basis for:
Disclosure of domain name registration information;
Direct cooperation with service providers for subscriber information;
Expedited cooperation and disclosure in emergency situations;
Additional tools for mutual assistance, such as videoconferencing and joint investigation teams.
Currently, the Budapest Convention on Cybercrime and on enhanced cooperation and disclosure of electronic evidence mostly seeks to harmonize criminal and investigatory processes across signatory states, but not civil proceedings. It is now more than imminent to put in place a Hague-Convention-like mutual enforcement and assistance regime to ensure that civilian victims could easily seek damages and relief abroad. Law enforcement agencies should also be imposed with a duty to assist in tracing perpetrators and collecting evidence for use in civil claims, as civilian victims are unlikely to have the resources to do the same.
That is why the victims of online fraud, bitcoin fraud, blockchain fraud, and crypto fraud have to engage the private investigation office or private detective agency.
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