again during its EU Presidency. Building capacity and strengthening legal frameworks in other countries is also a key issue. Such efforts will be supported with capacity-building projects conducted as part of the Convention on Cybercrime under the aegis of the Council of Europe. 4.4.1 International cooperation on investigations related to cyberspace Fighting cybercrime places new demands on the police, the criminal justice authorities and private parties, especially in terms of their ability to take swift action and share information. In June 2016 the Justice and Home Affairs (JHA) Council adopted Conclusions about creating a European network of public prosecutors, with the support of Eurojust, and on options for a shared EU platform for sharing information on electronic evidence. Council Conclusions have also been adopted on jurisdiction in cyberspace, which also entail enhancing legal assistance procedures. In addition, the Standing Committee on Operational Cooperation on Internal Security (COSI) has adopted recommendations for enhancing operational collaboration, on the basis of actual experiences. The Netherlands has also contributed to the development of the European Cybercrime Centre at Europol, and it supports the INTERPOL Global Complex for Innovation (IGCI) in Singapore. One of the reasons the IGCI was established is to enhance support for global international cooperation in cybercrime cases. 4.4.2 Fortifying options for conducting investigations in cyberspace Trends in the digital domain demand a reconsideration of international legal frameworks. Particularly in situations where data related to criminal offences is being rapidly moved or where the physical location of data cannot be determined by reasonable means, the traditional instruments used in international investigations are inadequate. During the Netherlands’ EU Presidency, the JHA Council adopted Conclusions requesting the European Commission to develop proposals to enhance cooperation with private partners in other countries. The Conclusions also asked the Commission to explore different premises other than territoriality that could underlie enforcement jurisdiction and whether certain investigative powers could be used irrespective of territorial borders. The Netherlands also promotes the importance of the wider ratification of the Council of Europe’s Convention on Cybercrime. Finally, the Netherlands is in favour of developing an Additional Protocol to the Convention which would usher in new possibilities for the international investigation of cybercrime. 4.5 International peace, security and stability In cyberspace we appear to be witnessing a growth in distrust and a danger of escalation and miscalculation. Defensive measures taken by one state can be interpreted by other states as a threat. This can lead to international instability, with the attendant risk of a possible arms race. In order to keep this situation manageable, defend identified international security interests and address the threat posed by state actors, the 3D approach (defence, diplomacy and development), which had already been noted in NCSS 2, will be developed further. The guiding principle in this regard is that cyber operations by state actors are ultimately merely a means to achieve broader geopolitical and economic objectives. Therefore, influencing the conduct of state actors is also a key element of this policy priority, alongside boosting national and international digital resilience. 4.5.1 Military capabilities Because military capabilities are, in the 21st century, inextricably linked to networks, the Netherlands works with trusted partners to develop offensive and defensive operational capabilities for a growing, secure and reliable cyber ecosystem. For the Dutch government, maintaining the security of its networks from internationally operating state and non-state actors is paramount. With due regard for national law and international agreements, the government seeks to build resilient national networks and foster the development of internationally credible intervention capabilities. These measures are intended to serve as a deterrent to any hostile or criminal actors. AVT17/BZ122203 12

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