EUnited Against Crime: Improving Criminal Justice in European Union Cyberspace

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Series Details 16/17, Number 17
Publication Date November 2016
ISSN 2280-6164
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In today’s ultra-connected world, much of our life occurs online. From watching TV series on Netflix, buying discounted airplane tickets on Kayak, to chatting with an old friend living in another continent on Facebook, it is hard to imagine a “disconnected” life. Despite the benefits generated by increased connectivity and more powerful processing tools, ICT systems have not only been employed to foster social and economic development. Terrorists and cybercriminals are increasingly using cyberspace to conduct their malfeasances.

In June 2016, the Council of the European Union underlined the importance of improving the effectiveness of criminal justice in cyberspace. Using the Council conclusions as a starting point, the paper provides some “policy suggestions” for the ongoing debate taking place within EU institutions. In order to do so, the paper seeks to answer three main questions: What are the main challenges that EU member states face today when they collect e-evidence? How are they tackling these issues? Can an EU common framework provide solutions to solve these problems?

Table of Contents:

  • Introduction
  • E-evidence and cross border data requests in France | Vincent Joubert
    • Legal framework for digital evidence gathering within national jurisdiction
    • Legal framework for digital evidence gathering outside national jurisdictions
  • E-evidence and cross border data requests in Germany | Anja Dahlmann
    • Obtaining digital evidence within German jurisdiction
    • International cooperation and the obtainment of digital evidence
  • E-evidence and cross border data requests in Italy | Tommaso De Zan
    • The collection of digital evidence within Italian jurisdiction
    • Cross border requests and international cooperation in e-evidence gathering
  • E-evidence in the European Union | Simona Autolitano
    • Judicial cooperation in criminal matters in the European Union
    • Judicial cooperation and digital relations with the United States
  • Improving criminal justice in European Union cyberspace | Tommaso De Zan
  • Analysis
  • Policy suggestions
  • Conclusions
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