Digital Evidence gathering from service providers: a worrying paradigm shift in international cooperation
It is becoming increasingly common that digital evidence relevant to criminal proceedings is not located in the State in which the crime was committed, but it is spread in the cloud computing, and it can be accessed only thanks to the intervention of the service providers that hold it. In such cases...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2019-10-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/288 |
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| Summary: | It is becoming increasingly common that digital evidence relevant to criminal proceedings is not located in the State in which the crime was committed, but it is spread in the cloud computing, and it can be accessed only thanks to the intervention of the service providers that hold it. In such cases traditional instruments of judicial cooperation enter into crisis, since it can become very difficult to identify an executing State to which the evidence requests can be addressed. Hence the idea, implemented by a proposal for a European Union regulation, to create a channel of direct cooperation between the judicial authorities interested in acquiring the evidence and the providers, who would be responsible for verifying that the evidence requests respect the Charter of Nice. The result, however, is the privatization of an activity traditionally reserved to public bodies: a worrying paradigm shift that could put fundamental rights in serious danger. |
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| ISSN: | 2525-510X |