In her Yale Law Journal Online article Privacy and Security Across Borders, Daskal analyzes the impetus and results of three recent initiatives for law enforcement access to data: the U.S. Cloud Act; the EU E-Evidence proposal; and recent Australian legislation. The article highlights these initiatives’ promise and limits, and offers a way forward. Daskal explains that there is, on the one hand, the risk of governments demanding access to all information anywhere and everywhere, in ways that will almost certainly [...]

Andrew Burt and Dan Geer’s Lawfare article The Budapest Convention Offers an Opportunity for Modernizing Crimes in Cyberspace explores how the current negotiations of an additional protocol to the Budapest Convention on Cybercrime provide an opportunity for lawmakers to modernize how crimes are defined in cyberspace. Burt and Geer propose a new starting point for the definition of a cybercrime: [...]

In his paper Transfer of Personal Data to U.S. Law Enforcement Authorities After the CLOUD Act: Is There a Conflict with the GDPR?, Prof. Christakis looks at how Section 103 of the CLOUD Act may conflict with the GDPR’s restrictions on transfers of personal data to outside the European Union. [...]

The globalization of criminal evidence has altered the landscape for criminal investigations worldwide. With the advent of electronic communication and the rise of the popularity of social media, a crime that physically takes place within the borders of one country often has electronic evidence that is located outside the borders of that country. A recent report for the European Commission stated, “More than half of all investigations [in Europe] include a cross-border request to access e-evidence.”1 [...]