Access to online data has long been important for law enforcement agencies in their collection of electronic evidence and investigation of crimes. These activities have also long involved cross-border investigations and international cooperation between agencies and jurisdictions. However, technological advances such as cloud computing have complicated the investigations and cooperation arrangements. Therefore, several new laws have been passed and proposed both in the United States and the European Union for facilitating cross-border crime investigations in the context of cloud computing. These new laws and proposals have also brought many new legal challenges and controversies regarding extraterritoriality, data protection, privacy, and surveillance. With these challenges in mind and with a focus on Europe, this paper reviews the recent trends and policy initiatives for cross-border data access by law enforcement agencies.
翻译:长期以来,在线数据访问对于执法机构收集电子证据和调查犯罪至关重要。这些活动也长期涉及跨境调查以及不同机构和司法管辖区之间的国际合作。然而,云计算等技术进步使调查与合作安排变得更加复杂。因此,美国和欧盟已通过并提出了多项新法律,以促进云计算背景下的跨境犯罪调查。这些新法律及提案也在域外管辖、数据保护、隐私和监控方面带来了许多新的法律挑战与争议。基于这些挑战并聚焦欧洲,本文综述了执法机构跨境数据访问的最新趋势与政策举措。