Public-Private Cooperation in Cross-border Data Forensics——From the Perspective of the United Nations Convention against Cybercrime
As a new model of self creation in the digital age,cross-border data forensics public-private cooperation practices reflect complex new international legal issues.From the practices of major countries and regions,public-private cooperation has been proven to be an effective cross-border data collection method,but lacks an international legal foundation.Based on the relativity and developmental nature of data sovereignty,cross-border data forensics in cyberspace does not necessarily conflict with the data sovereignty of other countries.The key lies in providing legitimacy basis for cross-border data forensics based on systems law theory.The core criterion for determining the subject of cross-border data forensics is only the ability to possess and control the data.Diversified and non fixed types of public-private cooperation should also be absorbed,and it is necessary to integrate public and private law remedies mechanisms.The negotiation of the United Nations Convention against Cybercrime,led by China and other countries,provides an opportunity to establish new rules for public-private cooperation in cross-border data forensics.The relevant content should fully consider new international legal concepts,international legal subjects,international legal behaviors,and international legal relief mechanisms.It should guide various countries and regions to innovate public-private cooperation mechanisms in cross-border data forensics,and promote the establishment of a new order for public-private cooperation in the governance of cybercrime.
United Nations Convention against Cybercrimecross-border data forensicspublic-private cooperationsystem theory of lawinternational law
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