14 DAY TRIAL // Most of the world’s governments are becoming aware of the threats posed by cyberattacks and cybercriminals, so they’re rushing to issue new laws to allow authorities to properly handle such cases.
A letter sent by the Minister of Security and Justice Ivo Opstelten to Parliament shows that the Netherlands also wants to draft new cybercrime legislation.
The minister highlights the fact that law enforcement often needs to access computer systems when investigating crimes but, currently, they don’t have the power to “invade computers.”
The new bill would include a section that allows cybercrime investigators to breach a computer in search for evidence, but also for the purpose of wiretapping confidential communications.
Opstelten also wants to allow authorities to remotely retrieve data from a server located outside the country’s borders without spending precious time to determine the exact location of the information.
This is needed because cybercriminals – for instance, the ones who control botnets – often change the location of their servers and other digital assets, making it very difficult for police to disrupt their activities.
To address this issue, a simple principle would be implemented. If the location of the information can be determined and it turns out to be on a foreign server, police must request legal assistance. On the other hand, if the location cannot be determined, authorities should be allowed to search and retrieve the evidence without trying to obtain legal assistance.
Furthermore, if the data stored on the remotely accessed servers turns out to be used to commit a crime (illegal adult websites), the police should have the power to render it inaccessible without seeking legal assistance first.
The letter is in Dutch but, fortunately, Matthijs R. Koot has taken the time to translate it into English. The complete translation of the document is available at Infosec Island.