This book explores the legal, political, and practical challenges that governments face when investigating local crimes involving digital evidence held by global cloud service providers. Criminal investigations increasingly require access to data held across borders. This gives rise to unique jurisdictional competitions and conflicts of law, as even exclusively domestic criminal investigations necessitate international cooperation where the sought-after user data is stored abroad. Existing systems of cross-border legal cooperation were designed for the pre-internet era and are ill-suited to address these challenges. This has led to extensive calls for reform and the proliferation of new policy initiatives at national, regional, and international levels. The book maps these emerging policy responses to cross-border data access problems and examines the extent to which they are fit for purpose. It then provides a framework to reconcile the practical necessities of law enforcement in accessing digital evidence stored overseas with the territorial sovereignty of the countries where the sought-after data is stored, the fundamental rights of individuals whose personal data is being sought, and the interests of technology companies whose cooperation is required. It is an essential guide to understanding the different rules, safeguards and procedures that govern law enforcement access to data held by multinational technology companies, and key to future policy development and legal reform.

Autorentext

Halefom H Abraha is Assistant Professor Utrecht School of Law, Utrecht University, the Netherlands.

Inhalt

Introduction

1. Cloud Computing
2. The Cross-Border Data Access Problem: A Framework for Analysis
3. Mapping Policy Approaches and Emerging Initiatives
4. The United States' Approach: CLOUD Act
5. The EU Way: e-Evidence Package
6. The EU-US Jurisdictional Game and Fight for Norm-Setting
7. The Left-Outs: Lessons for Africa
8. Ways Forward: advancing a Data Subject-Centric Approach
   Conclusion