From framing problems in common to developing operational approaches, stakeholders in the Data & Jurisdiction Program have worked collectively towards framing policy problems, sharing knowledge, and designing common policy approaches for cross-border access to e-evidence.
2022
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2021
The I&JPN Toolkit on Cross-border Access to Electronic Evidence outlines the ways in which data flows and privacy can be reconciled with lawful access requirements to address crime. The Toolkit intends to inform public, private and civil society actors in their own activities and interactions in developing and implementing alternate practices for cross-border access to electronic evidence.
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To help improve the interactions of actors, particularly small ones, in the issuance and handling of cross-border requests for voluntary disclosure of subscriber information, senior-level global key actors from governments, internet companies, technical operators, civil society, leading universities, and international organizations, have worked together in the Internet & Jurisdiction Policy Network Data & Jurisdiction Program Contact Group, to prepare a new resource:
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2020
The Data & Jurisdiction Program is currently working to help develop legal interoperability around cross-border access to e-evidence in two dimensions:
- Interoperability between actors: to enable automation of the technical workflow among public authorities and private actors across borders to ensure due process at scale.
- Interoperability between norms: to reduce the potential of conflicts in rule-setting, implementation, and enforcement among different regimes.
The document lists the components of a request that actors may require when making or processing a request for access to subscriber information under existing voluntary disclosure regimes. This information can improve the quality of requests sent to intermediaries and reduce subsequent processing time.
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The document identifies a corresponding set of core components that form a common grid of analysis for policy actors from government, business, civil society, and academia in the context of ongoing debates around cross-border access to electronic evidence regimes
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The I&JPN Secretariat Framing Brief aims to help actors analyze the complex policy issues surrounding initiatives being launched due to the COVID-19 pandemic that are accessing user data.
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The Berlin Roadmap consists of detailed Work Plans for the three thematic I&J Programs and is the outcome document of the 3rd Global Conference of the Internet & Jurisdiction Policy Network in Berlin in June 2019.
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Data & Jurisdiction Operational Approaches (2019)
Intense work in the Contact Group to develop scalable, interoperable and resilient solutions produced Operational Approaches proposing:
- Norms – to help actors organize their own behavior and mutual interactions
- Criteria – to guide actors who develop, evaluate & implement solutions
- Mechanisms – that offer concrete avenues for cooperation
This served as input in the 3rd Global Conference of the Internet & Jurisdiction Policy Network in Berlin in June 2019.
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The Ottawa Roadmap contains concrete Work Plans for the three Programs of the Policy Network. It is the outcome document of the 2nd Global Conference of the Internet & Jurisdiction Policy Network in Ottawa in February 2018.
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A dedicated Contact Group identified the key questions that could structure new models of transnational cooperation for access to electronic evidence. The resulting Policy Options document served as input for the 2nd Global Conference of the Internet & Jurisdiction Policy Network in Ottawa, in February 2018, where stakeholders defined common objectives and a Roadmap to ensure better policy coherence and structure further work.
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Issues can best be addressed when formulated as problems that stakeholders have in common rather than with one another. Reflecting exchanges among stakeholders at the 1st Global Conference of the Internet & Jurisdiction Policy Network in 2016, the Data & Jurisdiction Framing Paper was developed in 2017 by the Secretariat summarizing the discussions of key stakeholders. This helped actors build a shared vernacular and identify key areas for cooperation.
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