Law Enforcement Access to Transborder Data: Global Reach of the Proposed EU e-Evidence Regulation presented at CODEBLUE2020 2020

by Anna-maria Osula,

Summary : The increasingly sophisticated realm of crime involves challenges related to digital evidence, and employing such evidence in court, as well as actors, actions, or substantial effects that are wholly or in some part located or have been carried out in different jurisdictions. Access to relevant evidence is essential both for the conviction of criminals and for the protection of those wrongly accused. However, due to the decentralised nature of cyberspace, the targeted evidence may be residing in multiple jurisdictions at once or it may be impossible to identify the location at all at a given time (e.g. in the case of cloud computing).This presentation examines a range of traditional and novel tools aimed at ensuring law enforcement agencies’ cross-border access to evidence such as the Mutual Legal Assistance framework, and the initiatives in the European Union (notably the e-Evidence proposal), Council of Europe (the Budapest Convention) and in the United States. The discussion then moves on to relevant principles of international law such as territorial sovereignty, and seeks to examine the possible global reach and effect on ohter regions of the EU e-Evidence proposal.