The Cambridge Handbook of Surveillance Law
Chapter 28: Mutual Assistance in the Digital Age
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.
Cambridge University Press
evidence, mutual assistance, digital age
Evidence | Law | Law Enforcement and Corrections
Woods, Andrew Keane; Gray,, David Editor; and Henderson,, Stephen E. Editor, "The Cambridge Handbook of Surveillance Law" (2017). Law Faculty Books and Chapters. 39.