Cross-Border Law Enforcement: Gathering of Stored Electronic Evidence

Abstract:

The investigation of cybercrime committed across national borders can only be effectively addressed if law enforcement authorities may gather electronic evidence with specific reference to cross-border stored evidence. The legal question arises as to whether a country’s law enforcement agency has extra-territorial remote and unilateral powers to access evidence stored in the cloud in another country or whether law enforcement authorities must use preestablished formal channels of cooperation, such as Mutual Legal Assistance Treaties (MLATs). The legal question and issues arising from cross-border law enforcements’ gathering of electronic evidence have far-reaching legal implications and, therefore, necessitate clarification on national and international levels.


AUTHORS

Photo of Murdoch Watney

Professor of Law Department of Public Law University of Johannesburg,
South Africa

Murdoch Watney is a professor in the Department of Public Law and head of the Private Law Department at the University of Johannesburg, South Africa.  She holds the degrees BA, LLB, LLM (RAU), LLM (UNISA) and LLD. She previously worked as a   prosecutor and   is an admitted advocate of the High Court of South Africa.   She previously worked as a   prosecutor and is an admitted advocate of the High Court of South Africa.
She has contributed to three textbooks and has published extensively in law journals –both nationally and internationally – on the low of criminal procedure, criminal law, law of evidence and cyber law. Most of her research focuses on cyber law. She has delivered peer-reviewed papers at national and international conferences.

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Keywords

C

C2
C2S
CDX
CIA
CIP
CPS

I

IA
ICS

S

SOA

X

XRY

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