Giuseppe Vaciago is a lawyer and a member of the Milan Bar since 2002 and for the last 10 years his primary focus has been cybercrime. He has assisted many national and international IT companies. Holding a PhD in Digital Forensics he is for several years teaching IT Law at the University of Milan and University of Insubria (Varese and Como). He has been visiting scholar at Fordham Law School and Stanford Law School (Centre for Internet and Society). He is a fellow member of Nexa Center of Turin and he is co-founder of Tech and Law Center of Milan. He has authored many publications on cybercrime, including both scientific journals and textbooks, which have been adopted by the University of Milan. He has delivered many presentations in both Italy and abroad.
The role of the Public-Private cooperation in the pre-trial phase before the admission of the Digital Evidence in court
Just a few years ago the most problematic aspect of pre-investigative phase was the necessity to deal with the complexity of digital evidence, partly because such evidence could be easily altered, and partly due to the difficulty of obtaining and retrieving data from deleted files. Today, the problem is much more serious, if of less technical nature: the data is often no longer contained in storage media seized by the court police during the investigation. Even though this did occur before cloud computing, the rise of this phenomenon unquestionably made the access to digital evidence exponentially more and more difficult. The Council of Europe was recently forced to intervene at the Cybercrime Convention in an attempt to find a solution to this burning issue. In the meantime, every little thing depends on the public-private cooperation, which even if it is considered legally controversial, it was proven to be effective from at least the investigative point of view.
The lecture will provide an analysis of possible legal and technological solutions that not only comply with fundamental rights of individuals, but could close the investigative gap affecting all worlds’ law enforcement agencies. The road ahead of us is extremely demanding and, if we take into account the dramatic rise in the use of deep web by internationally operating criminal organisations, not always effective.