Digital Investigations in the Cloud—Criminal Enforcement Cooperation

2021 ◽  
pp. 145-232
Author(s):  
Julia Hörnle
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Service Providers ◽  
Traditional Approach ◽  
Detailed Examination ◽  
First Century ◽  
Bilateral Agreements ◽  
Foreign Law ◽  
The Eu

Chapter 6 examines jurisdiction in criminal investigations where the digital evidence is stored in another country, as is likely where data is stored in the cloud. The territoriality principle and sovereignty mean that states are not allowed to carry out acts of investigations outside their territory. Internet technologies and remote cloud storage in the twenty-first century mean that much forensic evidence is likely to be physically stored in another country. If law enforcement authorities seize a computer on their territory it is increasingly likely that some of the data is stored in the cloud. Therefore, traditional investigatory powers limited to territory (such as a warrant to seize physical items) are not sufficient. This raises difficult questions of whether powers in respect of extended computer searches or disclosure orders can be implemented extraterritorially without breaching international law. This chapter provides a detailed examination of the traditional mechanisms of international cooperation through mutual legal assistance, the difficulties inherent in the traditional approach and the mechanisms to overcome these difficulties, including unilateral acts by states and new forms of international cooperation, such as the US system of bilateral agreements envisaged in the Cloud Act and, for the EU, the EU E-Evidence Proposal. The chapter critically analyses the data protection and human rights issues implicated by cross-border digital investigations and the role of private service providers who may disclose data in response to foreign law enforcement requests.

scholarly journals The Analysis of E-Government Services Adoption and Use in Slovenian Information Society between 2014 and 2017

2018 ◽  
Vol 16 (2) ◽  
pp. 193-215 ◽  
Author(s):  
Mitja Dečman
Keyword(s):  
Public Sector ◽  
Information And Communication Technology ◽  
Communication Technology ◽  
Service Providers ◽  
The European Union ◽  
Digital Inequality ◽  
Government Services ◽  
Information And Communication ◽  
The Eu

With the increasing role of information and communication technology (ICT) in the society, ICT’s role is gaining importance in the aspect of provision and use of the public sector services for the citizens. Especially in the European Union different activities have been conducted through the years to promote ICT use in the society. It has been mainly based on the Digital Agenda for Europe (DAE), which underlines the key role of ICT in the efforts to achieve its strategic objectives. Slovenia as an EU member state follows these directions but positions itself among less successful states in the EU. The well-known European Digital Economy and Society Index ranks Slovenia to the lower half of member states indicating possibilities for improvement. Although much can be said and done about the service-providers side this paper focuses on the users’ side and especially on their digital inequality. The lack of studies in the area of digital inequality and online government services adoption and use is the main motivation for this research. The research uses the data provided by Slovenian annual survey Use of Information and Communication Technology in Households and by Individuals of the last four years. The analysis of this data, presented in the paper, exhibits that changes for the better are detected in Slovenian society, but the situation in public-sector services is not optima. The results demonstrate the existence of digital inequality considering the income level of households and education level of individual users. The synthesis of the data demonstrates that the Slovenian government and its ministries should consider adding tangible actions to the already set strategies if the country wants to catch up with the leading countries of the EU and achieve goals, set by the DAE.

scholarly journals How Does FinTech Affect Consumer Non-cash Payment Satisfaction? The Moderating Role of Financial Knowledge

2021 ◽  
pp. 217-231
Author(s):  
Fuzhong Chen ◽  
Xiaoyan Chen
Keyword(s):  
Financial Services ◽  
Consumer Satisfaction ◽  
Service Providers ◽  
First Century ◽  
Financial Knowledge ◽  
Mechanism Analysis ◽  
Cash Payment ◽  
Increasing Demand ◽  
Moderating Role

As the merger of innovations from developing financial services for the twenty-first century, FinTech has brought payment methods into a new and electronic era, and non-cash payment is gradually becoming the mainstream for transaction activities. This study empirically investigates the effects of FinTech on consumer non-cash payment satisfaction, and the moderating role of financial knowledge is examined as well. Utilizing the data from the China Household Finance Survey in 2017, the results indicate that the use of FinTech can significantly promote consumer satisfaction towards non-cash payment. The mechanism analysis specific to the moderating role also shows that financial knowledge positively contributes to the impacts of FinTech on consumer non-cash payment satisfaction. The findings of this study imply that financial service providers are recommended to promote their facilities to meet consumers’ increasing demand for financial services. Besides, consumers should also take the initiative to improve their financial knowledge to better integrate non-cash payment into life and enjoy the satisfaction brought by FinTech.

scholarly journals Rethinking democracy in twenty-first century Europe: The role of ancient democracy

2020 ◽  
Vol 36 (4) ◽  
pp. 700-708
Author(s):  
Bogdana N. Koljević Griffith ◽  
Keyword(s):  
European Union ◽  
First Century ◽  
The Political ◽  
Democratic Deficit ◽  
Political Subjectivity ◽  
New Politics ◽  
Per Se ◽  
Twenty First Century ◽  
The Eu

In this article, the author discusses how the crisis of the contemporary European Union appears not merely as a crisis of the so-called “democratic deficit”, the way in which Habermas has most notably articulated this argument, but rather as a structural and original crisis of political subjectivity and democracy per se. In other words, the crisis of the EU is systemic and refers to the concept of the political — especially in the context of twenty-first century Europe. In this framework, the differentiation between the concepts of Europe and the EU particularly discloses the neoliberal and postmodern character of the latter, i. e., at the same time the struggle for self-governance and autonomy of the former. Moreover, it is argued how it is precisely the return to ancient democracy that reveals the path for rethinking true democracy of contemporary Europe. This is especially emphasized in reference to both practices and the concept of the polis. In conclusion, it is claimed that new politics of emancipation, which first and foremost go back to the meaning of isonomia and isegoria and as such presents the project of autonomy, presents a reappearance of ancient democracy in contemporary times. Finally, this project is articulated as one of politics of time and likewise politics of locality.

scholarly journals Stumbling Towards the UK’s New Administrative Settlement: A Study of Competition Law Enforcement After Brexit

2018 ◽  
Vol 20 ◽  
pp. 233-251
Author(s):  
Joe TOMLINSON ◽  
Liza LOVDAHL GORMSEN
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Three Dimensions ◽  
Trade Offs ◽  
Key Dimensions ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

AbstractWhile there has been much talk of the role of parliaments and courts in the Brexit process, far less—indeed very little—has been said about the challenges facing the largest part of the UK government: the administrative branch. Whatever results from the UK’s negotiations with the EU, Brexit will likely necessitate wide-ranging and fast-paced administrative reform in the UK. In this article, we use a detailed case study of a particular part of administration—the Competition and Markets Authority (‘CMA’)—to highlight the nature and extent of the challenges facing administrative agencies. This case study is demonstrative as, while there is an extant UK competition administration structure, competition law and its enforcement are highly Europeanised. We propose that the challenges facing administrative bodies in the UK—including the CMA—can be understood as possessing three key dimensions: internal organisation issues; external coordination issues; and substantive legal issues. We argue that, in many instances, these three dimensions will be in tension which each other. That is to say, the reality of reforming administration post-Brexit will involve trade-offs between questions of internal organisation, external coordination, and substantive law.

scholarly journals EU Law and Mass Internet Metadata Surveillance in the Post-Snowden Era

2015 ◽  
Vol 3 (2) ◽  
pp. 53-62 ◽  
Author(s):  
Nora Ni Loideain
Keyword(s):  
Law Enforcement ◽  
Service Providers ◽  
Personal Data ◽  
Legal Framework ◽  
Private Life ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Communication Service ◽  
The Eu

Legal frameworks exist within democracies to prevent the misuse and abuse of personal data that law enforcement authorities obtain from private communication service providers. The fundamental rights to respect for private life and the protection of personal data underpin this framework within the European Union. Accordingly, the protection of the principles and safeguards required by these rights is key to ensuring that the oversight of State surveillance powers is robust and transparent. Furthermore, without the robust scrutiny of independent judicial review, the principles and safeguards guaranteed by these rights may become more illusory than real. Following the Edward Snowden revelations, major concerns have been raised worldwide regarding the legality, necessity and proportionality standards governing these laws. In 2014, the highest court in the EU struck down the legal framework that imposed a mandatory duty on communication service providers to undertake the mass retention of metadata for secret intelligence and law enforcement authorities across the EU. This article considers the influence of the Snowden revelations on this landmark judgment. Subsequently, the analysis explores the significance of this ruling for the future reform of EU law governing metadata surveillance and its contribution to the worldwide debate on indiscriminate and covert monitoring in the post-Snowden era.

Gendered Outcomes in Prostitution Arrests in Houston, Texas

2017 ◽  
Vol 64 (12) ◽  
pp. 1538-1567 ◽  
Author(s):  
Rebecca Pfeffer ◽  
Pablo Ormachea ◽  
David Eagleman
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Multivariate Analyses ◽  
Traditional Approach ◽  
Harris County ◽  
Sexual Exchange ◽  
Gender Impacts ◽  
First Time ◽  
To Receive

This study analyzes the law enforcement response to prostitution in Houston, Texas, between 1977 and 2010 to examine whether the traditional approach to policing prostitution disproportionately penalizes women. Data included the disposition and sentencing information for 22,916 first-time prostitution arrests in Harris County. Using bivariate and multivariate analyses, we explored gender differences in the likelihood of receiving punishment, the type(s) of punishment received, and the amount of punishment for first-time prostitution offenses. We find that women were disproportionately arrested for prostitution and that women were more likely to receive a jail sentence for involvement in prostitution than men were. In contrast, male arrestees for prostitution were more likely to receive probation sentences and/or fines. This study adds to a robust body of literature suggesting that gender impacts sentencing in the criminal justice system. Yet, it is unclear whether the role of the arrestee—as either a buyer or seller—moderates the effect of gender. This quandary demonstrates the need for more comprehensive data collection about the role of the arrestee in the commercial sexual exchange.

scholarly journals A leading role for the EU in drafting criminal law powers? Use of the Council of Europe for policy laundering

2019 ◽  
Vol 10 (2) ◽  
pp. 99-106
Author(s):  
Paul De Hert ◽  
Angela Aguinaldo
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Service Providers ◽  
Civil Liberties ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Electronic Evidence ◽  
Production Orders ◽  
The Eu

In light of the ongoing story on the regulatory steps towards electronic evidence and transnational production orders, civil rights organizations have expressed both alarm and astonishment on the regulatory initiatives in the Council of Europe regarding transnational production orders. Member states of the European Union (EU) engage actively in soft law entrepreneurship by allowing themselves to obtain directly from service providers subscriber and other communications content. This has not only been done domestically through national laws but likewise on a multilateral level as EU member states are now seen drawn towards the Council of Europe. Within said Council of Europe, member states are now enabled to stretch the extraterritorial powers exercised by their law enforcement authorities in obtaining electronic evidence through a controversial Guidance Note and soon, a Second Additional Protocol. Interestingly, throughout these developments, the EU remained passive but as of late, has come up with proposals for the European Production and Preservation Orders, among others. The mixture of alarm and astonishment among civil liberties representatives about the decision making procedures at the level of the Council of Europe can be best understood in a broader regulatory context of policy enterpreneurship, rent-seeking behaviour and, overall, rational choice institutionalism. Comparing the Council of Europe with the EU, the structure of the former makes it the more attractive venue for policy actors such as law enforcement authorities to maximize their benefits at the least amount of costs. Being competitors in policymaking vis-à-vis cooperation in criminal matters, the EU can however lose its sociopolitical ascendancy over time as an institutional venue to discuss cooperation matters. In light of this, one should not forget that two Europes coexist. These coexisting realities are now being used to the advantage of laundering policies, testing which forum would maximize benefits the most. These developments should caution us that there might be a systemic failure in ensuring safeguards in criminal investigations are always in place.

scholarly journals EUROPOL’S NEW MANDATE: BETWEEN SECURITY AND CIVIL FREEDOMS

2021 ◽  
Vol 24 (6) ◽  
pp. 7-14
Author(s):  
Olga Potemkina ◽  
Keyword(s):  
Big Data ◽  
Law Enforcement ◽  
New Technologies ◽  
National Level ◽  
Research And Innovation ◽  
Criminal Offenses ◽  
One Step ◽  
Political Groups ◽  
The Eu

The article presents the EU Commission’s legislative initiative to amend the current Regulation of 2016, which defines powers and functions of the EU Agency for Law Enforcement Cooperation (Europol). The author cites the arguments used by the EU Commission in its decision to expand the functions and powers of the agency: the successful acquisition of new technologies by criminal gangs, the challenges of digital threats for law enforcement and judicial agencies of Member States, which find it difficult at the national level to properly process big data for the investigation of cross-border crimes. The article analyses the main thematic blocks of the new Regulation: enabling Europol to cooperate in the fight against criminal offenses with private parties; empowering the agency to carry out preliminary processing of big and complex databases; strengthening the role of Europol in the field of research and innovation; enabling Europol to enter alerts into the Schengen Information System, etc. The author believes that the expansion of Europol's operational powers brings it one step closer to the «European FB», i.e., an organization of a supranational nature. At the same time, the author cites the arguments of the reform’s opponents, including the political groups of the European Parliament and human rights organisations, which can be divided into two groups: a) under the pretext of ensuring security, the Commission legalises the current practice of Europol, which has gone beyond its current mandate, b) the new functions of the agency for processing a big data pose a threat to the citizens’ rights.

General provisions under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Sören Schomburg
Keyword(s):  
Law Enforcement ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Eu Member States ◽  
Ne Bis In Idem ◽  
Protection Of Human Rights ◽  
Potential Impact ◽  
The Uk ◽  
The Eu

In its general provisions, the Trade and Cooperation Agreement (TCA) highlights the importance of the protection of Human Rights. The article describes the potential impact of the new rules under the TCA on (international) ne bis in idem and arrest warrants between the UK and EU Member States. It further explains the role of the Specialised Committee on Law Enforcement and Judicial Cooperation which is vested with a significant role.

Data protection and law enforcement access to digital evidence: resolving the reciprocal conflicts between EU and US law

2020 ◽  
Vol 28 (2) ◽  
pp. 167-184
Author(s):  
Jessica Shurson
Keyword(s):  
Cloud Computing ◽  
Law Enforcement ◽  
Data Protection ◽  
Service Providers ◽  
Digital Evidence ◽  
Foreign Service ◽  
Eu Member States ◽  
The Us ◽  
The Eu ◽  
Legal Processes

Abstract The rise in cloud computing has highlighted two separate, and often conflicting, needs for states—the need to protect the data of their citizens and the need of law enforcement authorities (LEAs) to access this data as evidence, often stored by service providers across borders. Both the US and European Union (EU) Member States have asserted that their domestic legal processes are adequate to require disclosure of data that may be held overseas or controlled by a foreign service provider. Yet, both the US and the EU have data protection statutes that will potentially block the transfer of data to foreign LEAs pursuant to these domestic legal processes. This article explores these reciprocal conflicts, considers how they may be resolved, and raises new questions about potential conflicts for UK LEAs in light of the UK’s withdrawal from the EU in 2020.

Sign in / Sign up

Export Citation Format

Share Document