State of digital rights

As digital communications routinely traverse transnational jurisdictions, criminal investigation and surveillance practices raise novel challenges for the protection of human rights. The emergence of Computer Network Operations (CNOs) (more popularly termed as ‘hacking’) as well as lawful data access requests via third party intermediaries outside the scope of traditional Mutual Legal Assistance Treaties (MLATs), are both redrawing the boundaries of many rights preserving conventions. Our research has shown that new online investigations and transnational surveillance practices require clear standards to avoid the prospect of criminal investigations becoming unilateral enforcement decisions without independent judicial oversight. This will ensure the admissibility of evidence, support accountability, and will protect human rights.