A post from Lawfare on 2 June pointed out that, in 2018, the US and EU each set out to reinvent the international system for making electronic evidence stored in one jurisdiction available to law enforcement in another. 4 years later, progress toward this goal has been incremental at best. It asks has the time for such an agreement on e-evidence come and gone? It explains that law enforcement’s problem is clear. Major cloud service providers typically store customers’ electronic communications content data in servers scattered across the globe. When police or prosecutors seek this data, they now regularly find that it is under the control of a provider located in a foreign country. In many countries, communications service providers are prohibited by law from directly disclosing communications content to a foreign government; and law enforcement seeking foreign-located content data must present a formal international request for mutual legal assistance (MLAT). It points to the US agreement with the UK, which shows that an e-evidence accord would protect parties’ respective essential sovereign interests. The US retains the power to decline UK court orders that could implicate US free speech protections, and the UK may do likewise to deny US requests in cases where the death penalty is sought.
https://www.lawfareblog.com/has-time-eu-us-agreement-e-evidence-come-and-gone
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