Cybercrime, e-evidence and artificial intelligence

Rapid progress in AI raises:

  • additional risks of cybercrime (offenders weaponizing AI, AI detecting vulnerabilities to commit cybercrime or automate attacks. AI as target manipulated by offenders)
  • complex challenges related to electronic evidence (how can e-evidence related to crime involving AI be secured and used in criminal proceedings?)
  • questions of criminal liability (who is liable for decisions made and crime committed by AI technology?)

On the other hand, AI may bring benefits to the criminal justice response to cybercrime (improving cybersecurity; detecting attacks; helping identify, investigate and prosecute offenders; or automating domestic and international cooperation). However, this in turn raises additional questions (how can rule of law and due process safeguards be ensured; what implications on territoriality and jurisdiction when AI-led investigations cross borders?).

Organisations worldwide are currently working on questions related to artificial intelligence, including the Council of Europe.

Within this context, the aim of the workshop is to identify key issues that should be taken into account when designing the future criminal justice response to cybercrime and e-evidence in relation to AI.