역외 디지털증거의 수집과 국제형사규범의 발전

Law Enforcement Access to Data Across Bordersand the Development of International Criminal Norm As technology advancec, the use of digital evidence is becoming more important in criminal investigations. Many people have expressed concerns over the invasiveness of computer searches and suggested schemes for ex ante restrictions on the computer warrants. Moreover, a revolution is underway with respect to law enforcement access to data across borders. Frustrated by delays in accessing data located across territorial borders, several nations are taking action, often unilaterally and in concerning ways. Several nations are considering mandatory data localization requirements. A range of nations are asserting that they can unilaterally compel Internet Service Providers (ISPs) that operate in their jurisdiction to produce the emails and other private communications that are stored in other nation’s jurisdictions, without regard to the location or nationality of the target. In this article, I examine the problems associated with law enforcement access to data across borders such as the complicated jurisdictional, privacy, and security questions.