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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents