Virtual launch event

CTED Trends Report on “The State of International Cooperation for

Lawful Access to Digital Evidence: Research Perspectives”

[16 February 2022, 9.00 a.m.–11.00 a.m.]

Opening remarks by Ambassador T.S. Tirumurti

Permanent Representative of India to the United Nations

Chair of the Security Council Committee established pursuant to resolution 1373 (2001) concerning counter-terrorism

-----

Distinguished participants,

It is my pleasure to welcome you all to today’s launch event for CTED’s Trends Report on “The State of International Cooperation for Lawful Access to Digital Evidence”.

2. The report is a key output of the Global Initiative on “Strengthening the Capacity of Central Authorities and Counter-Terrorism Prosecutors and Investigators in Obtaining Digital Evidence from Private Communications Service Providers (CSPs) in Cross-Border Investigations, with a Particular Focus on Counter-Terrorism Matters”. This is jointly implemented by CTED, UNODC, and the International Association of Prosecutors.

3. The production of the report was made possible through generous funding from Germany.

4. As you are all aware, terrorists increasingly use information and communications technologies, including the Internet and social media, to promote propaganda, conspiracy theories and distorted narratives to justify violence, radicalize and recruit supporters, mobilize resources, and plan attacks.

5. These activities have been further exacerbated during the COVID-19 pandemic.

6. However, in exploiting ICT, terrorists leave traces of their activities in the form of digital data which, if adequately tracked and processed, can become extremely valuable electronic evidence. E-evidence stored by service providers can prove where a crime was committed, disclose incriminating communications, and determine the location of offenders.

7. Obtaining e-evidence can ensure that the right individual is prosecuted and that those who perpetrate serious offences are brought to justice.

8. Recent terrorist attacks have demonstrated the need for immediate responses to emergency incidents, preservation of data, and the meeting of urgent requests for international cooperation.

9. Of course, securing such data also raises important human rights issues, particularly with respect to privacy.

10. Practitioners are required to ensure that their requests are made in compliance with international law, including international human rights law, as well as with their applicable domestic legal frameworks.

11. In recognition of the importance of digital evidence in bringing terrorists to justice, the Security Council has adopted four resolutions since 2016 that call upon Member States to collect and preserve digital data and evidence to support investigations and prosecutions, while respecting human rights and fundamental freedoms.

12. The Council has also adopted a number of resolutions recognizing the need for public-private partnerships and cooperation with a broad range of civil society organizations, academia, and private-sector industry partners.

13. Today’s launch event provides an opportunity to present the report and to discuss research perspectives on lawful access to digital evidence.

14. Our distinguished speakers will highlight some of the major reform efforts currently underway, as well as the work being undertaken to enhance international cooperation and capacity-building on the handling of electronic evidence across borders.

15. They will also discuss future policy options and possible next steps to be taken to build capacity to address the identified challenges.

Distinguished participants,

16. Terrorism in all its forms and manifestations continues to pose the most serious threat to international peace and security, and therefore collective efforts are needed to defeat this threat. However, we must ensure that terrorism is “under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature,” wherever, whenever and by whomsoever it is committed, as set out in the UN Security Council resolution 1566 of 2004.

17. I believe that this endeavor to facilitate greater cooperation in access to digital evidence will strengthen these principles.

18. I congratulate CTED and all those who contributed to the report, which represents an excellent example of partnership and cooperation in this increasingly critical area of counter-terrorism.

19. I look forward to our discussion.

Thank you.