Law Enforcement Access to Data in Clouds*

2013 ◽  
pp. 285-310 ◽  
Author(s):  
Ian Walden
Keyword(s):  
Law Enforcement ◽  
Access To Data

scholarly journals The Impact of EURODAC in EU Migration Law: The Era of Crimmigration?

2019 ◽  
Vol 3 (1) ◽  
pp. 157-183 ◽  
Author(s):  
Benedita Menezes Queiroz
Keyword(s):  
Law Enforcement ◽  
Personal Data ◽  
Public Security ◽  
Security Measures ◽  
Legal Regime ◽  
Irregular Migrants ◽  
Access To Data ◽  
The Impact ◽  
Migration Law ◽  
The Eu

Counter-terrorism and public security measures have significantly altered EU immigration law. Under the premise that EU instruments which regulate EU immigration databases influence the legal regime of irregularity of migrants’ statuses, the present article argues that the latest developments in the area of data technology contribute to the phenomenon of “crimmigration”. This is so not only because they may generate a sort of “digital illegality” due to their impact on the categorisation of migrants, but also because they enable a conflation of treatment of irregularity, asylum seeking and criminality. This article focuses on the recent amendments and proposals for amendments to the EURODAC Regulation, a database that regulates the asylum fingerprint system in the EU. This is revealing of the ongoing broadening of the purpose of that data and law enforcement access to the collected information. The argument finds its basis in three main trends common to these databases: the erosion of the principle of purpose limitation, the widening of access to data by law enforcement authorities, and the digitalisation of borders through biometrics. Ultimately, this article claims that the level of surveillance of certain categories of migrants that may cross the borders of the EU puts at risk the distinction between illegally staying irregular migrants and criminals, given that the treatment of their personal data is insufficiently clear in practice.

Algorithmic Accountability: Towards Accountable Systems

2020 ◽  
pp. 678-688
Author(s):  
Ben Wagner
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Specific Nature ◽  
Algorithmic Accountability ◽  
Intermediary Liability ◽  
Access To Data ◽  
Privatization Of Law ◽  
Open Issues ◽  
Regulatory Challenges

There is an ongoing move towards privatization of law enforcement online through algorithmic tools. This chapter discusses algorithmic accountability and its relevance for intermediary liability and human rights. First, the chapter looks into open issues related to the specific nature of accountability within the context of algorithmic accountability, especially regarding ‘to whom’ and ‘for what’ algorithms should be accountable. In doing so, the chapter considers algorithmic accountability to users, listing a number of technical, organizational, and regulatory challenges to make accountability possible in ensuring access to data. Considering intermediary liability and algorithmic accountability more closely, the chapter describes specific provisions for ensuring algorithmic accountability by online intermediaries and platforms, contextualizing them within a proposal in which adherence to algorithmic accountability would lower liability of intermediaries and contribute to more effectively ensuring compliance with human rights.

Remote Search of IT System in Polish Legislation and Its Importance in Fight Against Cybercrime

2020 ◽  
Vol 11 (2) ◽  
pp. 141-149
Author(s):  
Paweł Olber
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
New Technologies ◽  
Remote Access ◽  
The Right To Privacy ◽  
It Systems ◽  
The Subject ◽  
Access To Data ◽  
The Right ◽  
Technical Solutions

The issues of remote access by law enforcement authorities to data in remote IT systems are extremely difficult and controversial. The literature stresses that such activities threaten the right to privacy of the parties involved in the proceedings and the right to a fair trial. However, on the other hand, the dynamic development of new technologies and the need to combat cybercrime effectively require that law enforcement and judicial authorities make use of adequate legal and technical solutions. One such a solution may be a remote search of an IT system, which exists in many European countries, including Belgium, Romania and Germany. In the case of Poland, a search of an IT system as a procedural activity is only allowed in respect of a system in which the person concerned is a dispatcher or user. The Polish legislator has not implemented procedural provisions enabling remote searches via the Internet. In case of the necessity of a system remote search, it will be necessary to conduct a parallel search. Another way of obtaining remote access to data and IT systems may be new methods of covert surveillance, which have been introduced into the Police Act. The new regulations generate a lot of interest among Polish police officers, but at the same time they provoke a lot of discussion. The diversity of the existing approach leads to the development of a uniform interpretation of the introduced regulations, which has been adopted as the subject of this study.

Accessing Data in the Cloud

2021 ◽  
pp. 441-476
Author(s):  
Ian Walden
Keyword(s):  
Law Enforcement ◽  
Service Providers ◽  
Cloud Service ◽  
The United States ◽  
Legal Framework ◽  
The European Union ◽  
Cloud Environment ◽  
Domestic Jurisdiction ◽  
Access To Data ◽  
Governing Law

This chapter describes the legal framework governing law enforcement access to data in a cloud environment, giving particular attention to developments in the European Union, the United States, and international law, specifically the Council of Europe Cybercrime Convention (Cybercrime Convention). The Convention addresses the investigation and prosecution of cybercrime within the domestic jurisdiction, as well as facilitating international co-operation against transborder cybercrimes. The provisions represent a certain consensus among the signatories about the appropriate exercise of law enforcement powers in cyberspace, including a cloud environment. However, the exercise of law enforcement agency (LEA) powers raises a number of jurisdictional questions. Each of these issues presents a boundary issue for LEAs, cloud service providers, and cloud users; a boundary between lawful and unlawful behaviours or regulated and unregulated activities. The chapter looks at how and when those boundaries apply and what mechanisms and procedures have been adopted, or are proposed, to address the needs of LEAs in a cloud environment.

Congress Enacts the Clarifying Lawful Overseas Use of Data (CLOUD) Act, Reshaping U.S. Law Governing Cross-Border Access to Data

2018 ◽  
Vol 112 (3) ◽  
pp. 487-493
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Electronic Data ◽  
Cross Border ◽  
Use Of Data ◽  
Access To Data ◽  
Government Shutdown

On March 22, 2018, Congress passed a $1.3 trillion omnibus spending bill that President Trump signed into law the following day, thus narrowly avoiding a government shutdown. Included within the voluminous bill is the Clarifying Lawful Overseas Use of Data (CLOUD) Act, which enhances both the United States’ and foreign nations’ access to cross-border electronic data for law enforcement purposes.

Pyrotechnic Residues in Gunshot Residue Analysis

1985 ◽  
Vol 43 ◽  
pp. 128-129
Author(s):  
H. M. Sagara ◽  
S. A. Schliebe ◽  
M. C. Kong
Keyword(s):  
Law Enforcement ◽  
Residue Analysis ◽  
Gunshot Residue ◽  
Particle Analysis ◽  
Dry Skin ◽  
X Ray ◽  
Skin Cells ◽  
Smokeless Powder ◽  
Carbon Coated ◽  
Detailed List

Particle analysis by scanning electron microscopy with energy-dispersive x- ray analysis is one of the current methods used in crime laboratories to aid law enforcement in identifying individuals who have recently fired or handled a firearm. During the discharge of a firearm, the high pressure caused by the detonation of the cartridge materials forces a portion of the generated gases through leaks in the firing mechanism of the weapon. These gases contain residues of smokeless powder, primer mixture, and contributions from the projectile itself. The condensation of these hot gases form discrete, micrometer-sized particles, which can be collected, along with dry skin cells, salts, and other hand debris, from the hands of a shooter by a simple adhesive lift technique. The examination of the carbon-coated adhesive lifts consist of time consuming systematic searches for high contrast particles of spherical morphology with the characteristic elemental composition of antimony, barium and lead. A detailed list of the elemental compositions which match the criteria for gunshot residue are discussed in the Aerospace report.

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