This book addresses academics, practitioners, policymakers and other stakeholders interested in digital evidence gathering and cooperation with service providers in criminal investigations. Taking a comparative approach, it discusses crucial transversal questions and offers profound insights on balancing privacy and needs for effective enforcement.
Authored by leading scholars in the field, this handbook delves into the intricate matter of digital evidence collection, adopting a comparative and intra-disciplinary approach. It focuses specifically on the increasingly important role of online service providers in criminal investigations, which marks a new paradigm in the field of criminal law and criminal procedure, raising particular challenges and fundamental questions. This scholarly work facilitates a nuanced understanding of the multi-faceted and cross-cutting challenges inherent in the collection of digital evidence, as it navigates the contours of current and future solutions against the backdrop of ongoing European and international policy-making. As such, it constitutes an indispensable resource for scholars and practitioners alike, offering invaluable insights into the evolving landscape of digital evidence gathering.
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An all-encompassing intra-disciplinary comparative analysis of digital evidence gathering and the important role of online service providers in criminal investigations.
Introduction: gathering electronic evidence and cooperation with service
providers in the digital era: a jigsaw puzzle of technological and legal
challenges Vanessa FRANSSEN and Stanisaw TOSZA; Part I. Collecting Digital
Evidence: Transversal Challenges and Solutions:
1. Impact of digital evidence
gathering on the criminal justice system A broader perspective Ane
ERBENIK;
2. Unresolved jurisdictional issues in law enforcement access to
data Dan SVANTESSON and Anna-Maria OSULA;
3. Effective data protection and
direct cooperation on digital evidence Gavin ROBINSON;
4. On encryption
technologies and potential solutions for lawful access Cyprien DELPECH DE
SAINT GUILHEM;
5. Admissibility of digital evidence Giulia LASAGNI;
6.
Exchange of data between national security agencies and law enforcement:
challenges for criminal procedure Tatiana TROPINA;
7. From mutual trust to
the gordian knot of notifications. The e-Evidence regulation and directive
Theodore CHRISTAKIS;
8. Moving in the right direction for transborder access
to digital evidence in criminal matters? The council of Europe and the second
additional protocol introducing direct cooperation Angela AGUINALDO and Paul
DE HERT; Part II. Digital Evidence and the Cooperation of Service Providers
in EU Criminal Investigations:
9. Digital evidence in criminal matters:
Belgian pride and prejudice Sem CAREEL and Frank VERBRUGGEN;
10. Digital
evidence in Estonia Agnes KASPER, Eneli LAURITS and Melita SOGOMONJAN;
11.
Digital evidence and the cooperation of service providers in Germany Dominik
BRODOWSKI;
12. Accessing digital evidence in criminal matters: an inadequate
Irish legal framework T. J. MCINTYRE and Maria Helen MURPHY;
13. Digital
evidence and the cooperation of service providers in Luxembourg Katalin
LIGETI and Gavin ROBINSON;
14. The gathering of digital evidence and
cooperation of service providers in Poland Maciej ROGALSKI;
15. Access to
retained data and cooperation of service providers in criminal investigations
in Spain Carmen CUADRADO SALINAS and Juan Carlos ORTIZ PRADILLO;
16.
Comparative analysis of National Law and Practices: unravelling differences
in view of EU-wide solutions Stanisaw TOSZA and Vanessa FRANSSEN; Part III.
Collecting Digital Evidence and the Role of Service Providers: A Global
Perspective:
17. Digital evidence and cooperation of service providers in
China Li ZHE and Jin ZHENAN;
18. Cooperation of service providers in criminal
investigations in the Russian Federation Maria FILATOVA, Olga KOSTYLEVA and
Tatiana ALEKSEEVA;
19. Digital evidence collection in Turkey Seçil BILGI;
20. Obtaining digital evidence under UK Law Elif Mendos KUKONMAZ and Ian
WALDEN;
21. Digital evidence gathering by US Authorities and Cross-Border
cooperation with US-Based service providers Marine CORHAY and Vanessa
FRANSSEN; Conclusions: collecting digital evidence: from present challenges
to future solutions Vanessa FRANSSEN and Stanisaw TOSZA.
Vanessa Franssen is Professor at the University of Liège where she teaches criminal law, national & comparative criminal procedure, as well as cybercrime. Her research centres on the impact of new technologies on criminal justice, EU & comparative criminal law and procedure, economic criminal law, and punitive administrative law. Stanislaw Tosza is Associate Professor in Compliance and Law Enforcement at the University of Luxembourg, where he teaches and researches comparative and European criminal law, white-collar crime, cybercrime and cyberlaw. He is also the Secretary General of the International Association of Penal Law (AIDP).
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