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Welcome to the Official Schedule for RightsCon Toronto 2018. This year’s program, built by our global community, is our most ambitious one yet. Within the program, you will find 18 thematic tracks to help you navigate our 450+ sessions

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Last updated: Version 2.3 (Updated May 15, 2018).

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Thursday, May 17 • 12:00 - 13:15
Human Rights Requirements of Cross-Border Data Demands

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Law enforcement investigations increasingly rely on data stored outside the
jurisdiction of the country that is investigating a crime. The current system of law enforcement requests made under mutual legal assistance treaties (MLATs) has not been able to keep up with the growing quantity of these requests. Requests often are not processed on a timely basis, which can result in criminals evading prosecution and law enforcement’s inability to interdict some crimes. The need for this data has spurred some governments to demand that their users' data be stored locally, and has spurred others to issue surveillance demands that purport to have extraterritorial effect.

In response, at least three processes are underway to develop mechanisms that address the problem: (i) the E-Evidence initiative of the European Union; (ii) bi-lateral agreements – such as those envisioned in the U.S. CLOUD Act -- to permit direct demands on communications service providers made by particular countries in which they have no physical presence; and (iii) a negotiated protocol to the Budapest Cybercrime Convention that would enable signatories to the protocol to make direct demands on providers in other signatory nations.

This roundtable is designed to explore the human rights criteria that should be built into these new mechanisms. For example, must a signatory to the planned protocol to the Budapest convention have a legal system that requires judicial authorization of data demands? Must a signatory to a bilateral agreement agree to give notice (or delayed notice) to the subject of its data demand? Is it realistic to expect that countries will change the processes by which they obtain access to Internet users’ data so the country can participate in one of these new mechanisms and get a speedy response?

Moderators
avatar for Greg Nojeim

Greg Nojeim

Director, Project on Freedom, Security and Technology, Center for Democracy & Technology
Cybersecurity, surveillance, United States surveillance laws, ECPA, cross border law enforcement demands for Internet users' communications, encryption
avatar for Lucy Purdon

Lucy Purdon

Policy Officer, Privacy International
| | Lucy is Policy Officer with Privacy International and leads the global policy work on cybersecurity and identity. She works across the organisation and with international partners to develop policy recommendations and positions based on research project findings. | | Lucy previously... Read More →

Speakers
avatar for María Paz Canales

María Paz Canales

Executive Director, Derechos Digitales
avatar for Maryant Fernandez

Maryant Fernandez

Senior Policy Advisor, European Digital Rights (EDRi)
Maryant is a Senior Policy Advisor at European Digital Rights (EDRi) and a lawyer admitted to the Madrid Bar association. Maryant defends human rights and fundamental freedoms online in the European Union. She works on surveillance and law enforcement, intermediary liability (e-commerce... Read More →
avatar for David Lieber

David Lieber

Senior Privacy Policy Counsel, Google
David Lieber is a Senior Privacy Policy Counsel for Google based in Washington, D.C. In that capacity, David works on government access, cybsersecurity, and international privacy issues on Google’s Public Policy team. Prior to joining Google, David worked in the E-Commerce & Privacy... Read More →
RM

Rauno Merissari

Human Rights ambassador, Finland
BS

Bernard Shen

Assistant General Counsel, Microsoft Corporation


Thursday May 17, 2018 12:00 - 13:15
201A

Attendees (88)