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Advancement in Cybercrime Investigation – The New European Legal Instruments for Collecting Cross-border E-evidence

  • Borka Jerman BlažičEmail author
  • Tomaž Klobučar
Conference paper
Part of the Advances in Intelligent Systems and Computing book series (AISC, volume 918)

Abstract

This paper presents the current issues and proposes legal instruments for removing the barriers to gathering cross-border electronic evidence for a more efficient fight against crime and cybercrime investigation. It presents the legal scene in the EU, the efforts related to the implementation of the Directive 2014/41/EU regarding the European Investigation Order in criminal matters, and the provision of the procedures for e-evidence collection proposed within the EU proposal for the Directive for orders to preserve and produce evidence related to criminal acts in a territory different from the location of the crime act. The legal instruments proposed in the new EU regulation for collecting e-evidence are analyzed and the expected removal of jurisdictive barriers for a more efficient justice processing of crime acts in an interconnected world is assessed.

Keywords

Electronic evidence Crime Investigation order Production order Preservation order LIVE_FOR 

Notes

Acknowledgments

This work was co-funded by the European Union’s Justice Program (2014–2020) through the LIVE_FOR (Criminal Justice Access to Digital Evidences in the Cloud – LIVE_FORensics) project.

References

  1. 1.
    Herrera-Flanigan, J.R., Ghosh, S.: Criminal regulations. In: Ghosh, S., Turrini, E. (eds.) Cybercrimes: A Multidisciplinary Analysis, pp. 265–308. Springer, Berlin (2010)Google Scholar
  2. 2.
    European Commission: Commission Staff Working Document Impact Assessment Accompanying the document Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters and Proposal for a Directive of the European Parliament and of the Council laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings, SWD (2018) 118 final (2018)Google Scholar
  3. 3.
    Geist, M.: Cyber law 2.0. Boston College Law Rev. 44(2), 359–396 (2003)Google Scholar
  4. 4.
    Brown, C.S.D.: Investigating and prosecuting cyber crime: forensic dependencies and barriers to justice. Int. J. Cyber Criminol. 9(1), 55–119 (2015)Google Scholar
  5. 5.
    Dee, M.: Getting back to the fourth amendment: warrantless cell phone searches. New York Law School Law Rev. 56, 1129–1163 (2012). http://www.nylslawreview.com/wp-content/uploads/sites/16/2012/02/Dee-note.pdfGoogle Scholar
  6. 6.
    European Parliament and Council of the European Union, Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (2014)Google Scholar
  7. 7.
    Council of Europe: Convention on Cybercrime Act, European Treaty Series - No. 185 (2001)Google Scholar
  8. 8.
    Cybercrime Convention Committee (T-CY): T-CY Guidance Note #10 Production orders for subscriber information (Article 18 Budapest Convention), revised version as adopted by the T-CY following the 16th Plenary by written procedure, 28 February 2017. https://rm.coe.int/16806f943e
  9. 9.
    European Parliament and Council of the European Union, Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM (2018) 225 final) (2018)Google Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.Jožef Stefan InstituteLjubljanaSlovenia

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