Preliminary Report: Law Enforcement Cross-Border Access to Data

2016 ◽  
Author(s):  
Dan Svantesson
Keyword(s):  
Law Enforcement ◽  
Preliminary Report ◽  
Cross Border ◽  
Access To Data

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.

scholarly journals Interdicting International Drug Trafficking: a Network Approach for Coordinated and Targeted Interventions

2021 ◽  
Author(s):  
Luca Giommoni ◽  
Giulia Berlusconi ◽  
Alberto Aziani
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Network Approach ◽  
Targeted Interventions ◽  
Cross Border ◽  
Edge Betweenness ◽  
Different Types ◽  
Social Network Approach ◽  
The Impact ◽  
International Trafficking

AbstractThere is a relative dearth of literature on both the effects of cross-border interdictions and the impact of different types of interventions on international drug trafficking. This study identifies the main trafficking routes for cocaine and heroin, along with comparing the disruptive effects induced by targeted and non-coordinated interventions. It adopts a social network approach to identify the routes along which cocaine and heroin are trafficked, and then simulates the impact of different interdiction strategies on these two trafficking networks. The findings indicate that targeting countries based on their respective positions in the networks, as opposed to on the basis of the quantity of drugs exchanged, is more likely to disrupt drug flows. More specifically, concentrating law enforcement resources on countries with several incoming or outgoing trafficking connections, or those countries that mediate between producer, transit and consumer countries, would appear to be particularly effective in this regard. Interventions focused on specific trafficking routes are also likely to be effective if these routes have high edge betweenness centrality scores. This study contributes to extant understanding on the vulnerability of cocaine and heroin international trafficking networks, and, moreover, demonstrates that empirically-driven strategies are potentially more effective at interdicting international trafficking than non-strategic and non-coordinated interventions.

scholarly journals Immigration Civil Service Investigator Authority in Implementing Investigation and Investigation as Law Enforcement Efforts on Immigration Criminal Actions

2019 ◽  
Vol 1 (2) ◽  
pp. 59-71
Author(s):  
Ridha Nikmatus Syahada ◽  
Muhammad Azzam Alfarizi
Keyword(s):  
Law Enforcement ◽  
Analytical Study ◽  
Human Mobility ◽  
Civil Servant ◽  
Legal Order ◽  
Immigration Law ◽  
Vital Function ◽  
Cross Border ◽  
International Human ◽  
National Police

Monitoring international human mobility through cross-border countries in terms of immigration has various implications for a country's survival. Immigration has a vital function in supervising and implementing the law on the traffic of foreign nationals and inhabitants of their own country in order to compensate for the threat that enters a country's territory. Immigration law enforcement is carried out both administratively and pro-judicially in its application. An Immigration Civil Servant Investigator (PPNS) is constituted in the Immigration Office to carry out its role and to deal with immigration offences that arise. This study is a descriptive analytical study of the flaws discovered with the juridical normative method employed by gathering and analyzing the literature sources gathered. Immigration Civil Servant Investigators are legally liable for their investigative acts in line with the applicable rules and regulations when conducting investigations, while official responsibilities are carried out hierarchically. Article 105 of Law Number 6 of 2011 establishes the presence of civil servant investigators, which certifies that immigration investigators are authorized to examine immigration offences committed in line with the terms of this Law. However, in its implementation, PPNS Immigration can collaborate with the National Police to carry out supervision, investigation, and investigation to optimize its supervisory and law enforcement tasks in order to help carry out both preventive and repressive law enforcement in order to build a conducive legal order

scholarly journals Combatting Substandard and Counterfeit Medicines in the Nigerian Drug Market: How Industrial Pharmacists Can Rise Up to the Challenge

2021 ◽  
Vol 12 (3) ◽  
pp. 15
Author(s):  
Melody Okereke ◽  
Ignatius Anukwu ◽  
Sola Solarin ◽  
Mazi Sam Ohuabunwa
Keyword(s):  
Law Enforcement ◽  
Drug Market ◽  
Pharmaceutical Manufacturing ◽  
Surveillance Systems ◽  
Drug Markets ◽  
Law Enforcement Agencies ◽  
Cross Border ◽  
Counterfeit Medicines ◽  
Detection Technology ◽  
Monitoring And Surveillance

Substandard and counterfeit medicines (SCMs) are a major public health threat in Africa. In Nigeria, the manufacture and distribution of substandard and counterfeit medicines in the drug market are booming, despite the efforts of law enforcement agencies to crack down on criminal syndicates over the years. The current situation has been exacerbated due to factors tied to unregulated open drug markets, lack of counterfeit detection technology, poor local pharmaceutical manufacturing capacity, and porous cross-border monitoring and surveillance systems. However, industrial pharmacists have a key role to play in combatting the production and circulation of SCMs in the Nigerian drug market. In this commentary, we examine the prevalence of SCMs in Nigeria and proffer feasible recommendations that industrial pharmacists can leverage to ensure its effective containment.

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.

Cloudy days ahead: Cross-border evidence collection and its impact on the rights of EU citizens

2019 ◽  
Vol 10 (3) ◽  
pp. 227-250
Author(s):  
Lawrence Siry
Keyword(s):  
Law Enforcement ◽  
Cloud Storage ◽  
The United States ◽  
Legal Assistance ◽  
The European Union ◽  
Law Enforcement Agencies ◽  
Cross Border ◽  
Use Of Data ◽  
Evidence Collection ◽  
The Impact

In recent years, the development of cloud storage and the ease of cross-border communication have rendered the area of evidence collection particularly difficult for law enforcement agencies (LEAs), courts and academics. Evidence related to a criminal act in one jurisdiction might be stored in a different jurisdiction. Often it is not even clear in which jurisdiction the relevant data are, and at times the data may be spread over multiple jurisdictions. The traditional rules related to cross-border evidence collection, the mutual legal assistance treaty (MLAT) regimes, have proved to be out-dated, cumbersome and inefficient, as they were suited for a time when the seeking of cross-border evidence was more infrequent. In order to tackle this problem, the United States has enacted the Clarifying Lawful Overseas Use of Data Act, which gives extraterritorial e-evidence collection powers to US courts. Simultaneously, the European Union (EU) has proposed similar sweeping changes which would allow for LEAs in Member States to preserve and collect cloud-based evidence outside of the MLAT system. This article critically evaluates these developments from the perspective of the impact on the rights of EU citizens.

scholarly journals All evidence is equal, but electronic evidence is more equal than any other: The relationship between the European Investigation Order and the European Production Order

2020 ◽  
Vol 11 (2) ◽  
pp. 161-183
Author(s):  
Stanislaw Tosza
Keyword(s):  
Law Enforcement ◽  
Service Provider ◽  
Real Life ◽  
Direct Consequence ◽  
Legal Framework ◽  
Foreign Service ◽  
Electronic Evidence ◽  
Cross Border ◽  
Production Order ◽  
European Production

The European Investigation Order (EIO) was supposed to offer a comprehensive solution to cross-border gathering of evidence within the area of freedom, security and justice replacing a patchwork of instruments and providing for one single standardised order for all types of evidence. However, not even a year since the deadline for its implementation had passed, the Commission proposed an instrument that would be applicable for electronic evidence: European Production Order (EPO). This initiative was born from an increasing frustration in gathering this type of evidence and the conviction that the EIO is not suitable for that purpose. The need for digital evidence (according to the estimate of the EU Commission, 85% of criminal investigations require electronic evidence) is a direct consequence of the place information and communication technology has taken in everyday life. However, electronic evidence differs in a number of ways from ‘real-life’ evidence rendering current legal framework extremely impractical for law enforcement. One of the major obstacles that law enforcement authorities encounter is the fact that the data they need are often stored abroad or by a foreign service provider. Both instruments were conceived because of the need to gather evidence across borders; however, the transnational component is different (evidence being abroad vs. service provider being foreign). Both instruments subject ‘European citizens to the investigative machinery of any other Member State’, however, in a different way. If the e-evidence package is adopted, it will create a dual system of cross-border gathering of evidence, with different philosophy, procedure, enforcement and protective framework. The goal of this article is to analyse and compare two different models of acquiring evidence that these two instruments offer as well as to delimitate their (non-exclusive) scope. The concluding part will provide a reflection on the systemic consequences of this duality of instruments and of introducing the EPO model in particular.

Europol as the Director and Coordinator of the Joint Investigation Teams

2007 ◽  
Vol 9 ◽  
pp. 313-328
Author(s):  
José Antonio Farah Lopes de Lima
Keyword(s):  
European Union ◽  
Law Enforcement ◽  
National Level ◽  
Organised Crime ◽  
International Terrorism ◽  
The European Union ◽  
Vast Number ◽  
Cross Border ◽  
Joint Investigation ◽  
European Arrest Warrant

One of the most serious problems troubling the European Union is the evolution of cross-border crimes and, in particular, international terrorism and organised crime. National law enforcement authorities cannot fight cross-border crimes efficiently if their efforts are made solely on a national level. Since the early 1990s, the (European) political authorities have become increasingly aware of this problem and have taken steps to facilitate the participation of the law enforcement and other relevant personnel from other state(s) in investigating offences. This has resulted in the adoption of a vast number of documents and new instruments (eg the European Arrest Warrant), and the creation of new agencies within the European Union, the aim of which is to facilitate cross-border activities to fight cross-border crimes.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

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