CYBERSECURITY AND THE VANISHING BORDER BETWEEN NATIONAL SECURITY AND LAW ENFORCEMENT
Speaker: Andrea Monti.
Affiliation: University of Chieti-Pescara.
Summary: The seminar will explore the impact of computer crimes as a transnational form of syndicate, underscored by the increasing vulnerability of critical infrastructure exposed to the vast expanse of the Internet. This evolution presents profound challenges to traditional legal frameworks, rendering concepts such as jurisdiction, the distinct roles of law enforcement and intelligence agencies, and the public monopoly on investigations increasingly obsolete.
The international nature of these cyber threats necessitates a reevaluation of how nations and their legal systems respond to crimes that do not respect national boundaries. Traditionally, Mutual Legal Assistance Treaties (MLATs) have been the mechanism through which countries cooperate on law enforcement matters that cross borders. However, the pace and sophistication of cyber crimes have outstripped the effectiveness of such protocols, prompting a search for alternative solutions.
A notable attempt to address this issue was observed in the investigation of the ReVil cybercriminal syndicate, where law enforcement agencies were allowed to conduct operations overseas without reliance on MLATs. This approach, while innovative, is fraught with significant risks and challenges. It raises critical questions about sovereignty, the rule of law, and the potential for abuse of power, as it bypasses established international legal cooperation frameworks designed to protect national interests and uphold human rights.
This seminar will critically examine the implications of allowing law enforcement agencies to operate beyond their national jurisdictions without the traditional safeguards provided by MLATs. It will argue that this strategy, although tempting as a quick fix to the sluggish pace of international legal cooperation is a dangerous and flawed choice. It potentially sets a precedent that could erode the foundational principles of international law and diplomacy, undermine global cybersecurity efforts, and ultimately, endanger the very fabric of the global internet infrastructure we seek to protect.
Biography: Andrea Monti is an Italian lawyer, academic, and journalist, specialising in the high-tech and cybersecurity fields. He has appeared in court as defense counsel in high-profile computer crime cases, which have encompassed issues such as virus writing, software cracking, and illegal trespass. Monti has lectured on digital identity, privacy, and cybersecurity within the Media, Digital Communication, and Journalism degree at the Sapienza University of Rome, where he now coordinates the Media and Cybersecurity Lab together with Prof. Christian Ruggiero. He is currently serving as an adjunct professor of Digital Law at the D'Annunzio University of Chieti-Pescara, where he has also taught Public Order and Security Law. Monti is the author of several books, including "Spaghetti Hacker" (co-authored with Stefano Chiccarelli), "National Security in the New World Order" (with Raymond Wacks), and, most recently in 2023, "The Digital Rights Delusion."
Registration: This seminar is restricted to the students of the Master's Degree in Cybersecurity.