Access to Electronic Data by Third-Country Law Enforcement Authorities

Access to Electronic Data by Third-Country Law Enforcement Authorities
Author: Gloria González Fuster
Publisher:
Total Pages: 0
Release: 2016-07
Genre: Law
ISBN: 9789461384683

This study examines the challenges to European law posed by third-country access to data held by private companies for purposes of law-enforcement investigations in criminal proceedings. The proliferation of electronic communications is putting cloud-computing companies under severe strain from multiple demands from the authorities to acquire access to such data. A key challenge for the EU emerges when third-country authorities request access to data held by private companies under EU jurisdiction outside pre-established channels of cooperation, in particular outside Mutual Legal Assistance (MLA) treaties. The EU concluded an MLA agreement with the United States in 2003, which sets the rules and procedures for lawful and legitimate access to evidence. A key distinguishing feature of the MLA-led process is that any request for access to data is "mediated" by or requires the consent of the state authority to whom the request is submitted as well as scrutiny by an independent judicial authority. Special focus is given to practical issues emerging in EU-US relations covering mutual legal assistance and evidence-gathering for law enforcement purposes in criminal proceedings. The fundamental question guiding this enquiry is how best to ensure that the rule of law and trust-based methods are respected in these proceedings. The authors carried out a detailed survey of the main EU legal instruments and their standards, underlining their direct relevance for assessing the lawfulness and legitimacy of access to data. They then outline three possible scenarios for the future and put forward a set of policy recommendations for addressing these challenges.

Engaging Privacy and Information Technology in a Digital Age

Engaging Privacy and Information Technology in a Digital Age
Author: National Research Council
Publisher: National Academies Press
Total Pages: 450
Release: 2007-06-28
Genre: Computers
ISBN: 0309134005

Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.

Bulk Collection

Bulk Collection
Author: Fred H. Cate
Publisher: Oxford University Press
Total Pages: 505
Release: 2017
Genre: Computers
ISBN: 0190685514

This text is the culmination of a nearly 6-year project to examine the systematic government access of private information from companies and other private-sector organisations. It provides 12 updated country reports to present both descriptive and normative frameworks for analysing national surveillance laws, and to focus on international law, human rights law and oversight mechanisms.

ABA Standards for Criminal Justice

ABA Standards for Criminal Justice
Author: American Bar Association
Publisher:
Total Pages: 151
Release: 1999-01-01
Genre: Criminal justice, Administration of
ISBN: 9781570737138

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Tools and Weapons

Tools and Weapons
Author: Brad Smith
Publisher: Penguin
Total Pages: 370
Release: 2019-09-10
Genre: Business & Economics
ISBN: 1984877712

The instant New York Times bestseller. From Microsoft's president and one of the tech industry's broadest thinkers, a frank and thoughtful reckoning with how to balance enormous promise and existential risk as the digitization of everything accelerates. “A colorful and insightful insiders’ view of how technology is both empowering and threatening us. From privacy to cyberattacks, this timely book is a useful guide for how to navigate the digital future.” —Walter Isaacson Microsoft President Brad Smith operates by a simple core belief: When your technology changes the world, you bear a responsibility to help address the world you have helped create. This might seem uncontroversial, but it flies in the face of a tech sector long obsessed with rapid growth and sometimes on disruption as an end in itself. While sweeping digital transformation holds great promise, we have reached an inflection point. The world has turned information technology into both a powerful tool and a formidable weapon, and new approaches are needed to manage an era defined by even more powerful inventions like artificial intelligence. Companies that create technology must accept greater responsibility for the future, and governments will need to regulate technology by moving faster and catching up with the pace of innovation. In Tools and Weapons, Brad Smith and Carol Ann Browne bring us a captivating narrative from the cockpit of one of the world's largest and most powerful tech companies as it finds itself in the middle of some of the thorniest emerging issues of our time. These are challenges that come with no preexisting playbook, including privacy, cybercrime and cyberwar, social media, the moral conundrums of artificial intelligence, big tech's relationship to inequality, and the challenges for democracy, far and near. While in no way a self-glorifying "Microsoft memoir," the book pulls back the curtain remarkably wide onto some of the company's most crucial recent decision points as it strives to protect the hopes technology offers against the very real threats it also presents. There are huge ramifications for communities and countries, and Brad Smith provides a thoughtful and urgent contribution to that effort.

Information Exchange and EU Law Enforcement

Information Exchange and EU Law Enforcement
Author: Anna Fiodorova
Publisher: Routledge
Total Pages: 282
Release: 2018-05-16
Genre: Law
ISBN: 1351240242

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.

Bulk Collection

Bulk Collection
Author: Fred H. Cate
Publisher: Oxford University Press
Total Pages: 505
Release: 2017-09-08
Genre: Law
ISBN: 0190685522

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book is the culmination of nearly six years of research initiated by Fred Cate and Jim Dempsey to examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Leading an effort sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands on telecommunications providers and other private-sector companies to disclose bulk information about their customers. Their initial research found disturbing indications of systematic access in countries around the world. These data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access. This book contains twelve updated country reports plus eleven analytic chapters that present descriptive and normative frameworks for assessing national surveillance laws, survey evolving international law and human rights principles applicable to government surveillance, and describe oversight mechanisms. It also explores the concept of accountability and the role of encryption in shaping the surveillance debate. Cate and Dempsey conclude by offering recommendations for both governments and industry.

Availability of Law Enforcement Information in the European Union

Availability of Law Enforcement Information in the European Union
Author: Gert Vermeulen
Publisher: Maklu
Total Pages: 112
Release: 2005
Genre: European cooperation
ISBN: 904660005X

This book presents the results of a study on the availability of law enforcement information in the EU, conducted for the European Commission. In order to strengthen the area of freedom, security and justice, the November 2004 Hague Programme called for an innovative approach towards cross-borderexchange of law enforcement relevant information. The principle introduced in this respect is that of availability of such information for law enforcement services throughout the EU, rendering the border-crossing of it largely irrelevant. The book contains two proposals. The first seeks to improve the cross-border exchange of law enforcement relevant information through the introduction of the principle of mutual recognition of 'pre-evidence warrants' as a primary way for implementing the availability concept. The second proposal offers a blueprint for a European Law Enforcement Services Index System (ELESIS), as an indispensable tool for supporting the availability of law enforcement relevant information throughout the EU. Both proposals take due account of extensive feedback received from experts involved in cross-border exchange of law enforcement information as well as from civil liberties organisations and data protection specialists. In addition, the responses of member states to relevant official questionnaires were collected and included. This book is essential reading for policy makers, judicial and law enforcement authorities throughout the European Union or from a broader international context. It will be appealing also to researchers and anyone involved or taking an interest in combating (cross-border) crime at a European or international level.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.