EU common position on international law and cyberspace
| Authors | |
|---|---|
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Masaryk University Journal of Law and Technology |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.5817/MUJLT2022-1-4 |
| Keywords | Mutual Legal Assistance; Council of Europe; Convention of Cybercrime; Transborder Access; Cybercrime Investigations |
| Description | This article discusses the role of Mutual Legal Assistance (MLA) and otherestablished mechanisms of international cooperation in the fight against cybercrime. The analysis is limited to mechanisms facilitating access to extraterritoriallylocated data. After a brief account on the legal prerequisites of successful fightagainst cyber crime, the article proceeds to exploring both traditional as well asalternative cooperation mechanisms for transborder data access. Given the realisticassessment that the amount of digital evidence to be accessed extraterritorially willonly increase with time, the article focuses on the difficulties in accessing dataunder the current MLA procedures. The article reiterates that States are in need formore time-effective measures for transborder data access. Unless the identifiedinefficiencies pertaining to MLA are addressed, the traditional focus onterritoriality, and assuming the other State being the primary counterpart forcarrying out investigative measures requiring transborder access to evidence, willcontinue to gradually shift to more operational mechanisms that do not necessarilyrequire the prior authorisation of the State where the data is located. |
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