Mutual Assistance in the Digital Age
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Description
This chapter provides an overview of the sudden importance of mutual legal assistance in an age when an increasing amount of criminal evidence is both digital and held by offshore firms. The chapter begins with a description of the current - regrettable - state of affairs. Part II describes some of the easiest ways to improve the existing MLA regime, reforms that may require money or manpower, but will not require legal change. These are critical reforms, but even a streamlined and well-oiled MLA regime will never be able to satisfy the needs of local law enforcement demands for digital evidence. Part III therefore looks to alternative avenues for obtaining digital evidence controlled by a foreign service provider. Regardless of which of these procedural paths reformers take, each will require substantive guidelines for determining the conditions under which a law enforcement agent in Country A can lawfully gain access to digital evidence controlled by a firm in Country B. Part IV suggests substantive requirements for delimiting that access.
7-22-2022
Publication Date
2017
Book Title
The Cambridge Handbook of Surveillance Law
Book Author/Editor
David Gray and Stephen E. Henderson
Publisher
Cambridge University Press
City
Cambridge
ISBN
9781316481127
Keywords
evidence, mutual assistance, digital age
Disciplines
Evidence | Law | Law Enforcement and Corrections
Recommended Citation
Woods, Andrew Keane, "Mutual Assistance in the Digital Age" (2017). Law Faculty Books and Chapters. 39.
https://uknowledge.uky.edu/lawfac_book/39
Notes
Woods, Andrew Keane. "Mutual Assistance in the Digital age," in The Cambridge Handbook of Surveillance Law, edited by David Gray and Stephen E. Henderson, 659-676. Cambridge: Cambridge University Press, 2017.