International Law Enforcement Access to User Data: A Survival Guide and Call for Action

27 Pages Posted: 11 Jan 2015 Last revised: 17 Jan 2015

Kate Westmoreland

Stanford University - Stanford Law School Center for Internet and Society

Gail Kent

Stanford University - Stanford Law School Center for Internet and Society; University of Oxford - Oxford Martin School

Date Written: January 8, 2015

Abstract

Effectively accessing and using online evidence is a critical part of modern investigations and prosecutions, but also has significant implications for users’ privacy. The current system of international sharing of online data in criminal matters is a patchwork of domestic and international law that is slow, uncertain, and not well understood.

This paper provides an overview of the current system for foreign governments seeking user data from U.S.-based internet companies. After describing the way in which the system currently operates, it identifies problems with the system, and outlines the reform efforts that are beginning to emerge.

Keywords: mutual legal assistance treaties, privacy, law enforcement cooperation, communications data

Suggested Citation

Westmoreland, Kate and Kent, Gail, International Law Enforcement Access to User Data: A Survival Guide and Call for Action (January 8, 2015). Available at SSRN: https://ssrn.com/abstract=2547289 or http://dx.doi.org/10.2139/ssrn.2547289

Kate Westmoreland (Contact Author)

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Gail Kent

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

University of Oxford - Oxford Martin School ( email )

University of Oxford
34 Broad Street
Oxford, OX1 3BD
United Kingdom

Paper statistics

Downloads
231
Rank
108,420
Abstract Views
1,314