Book contents
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- 1 Impact of Digital Evidence Gathering on the Criminal Justice System
- 2 Unresolved Jurisdictional Issues in Law Enforcement Access to Data
- 3 Effective Data Protection and Direct Cooperation on Digital Evidence
- 4 On Encryption Technologies and Potential Solutions for Lawful Access
- 5 Admissibility of Digital Evidence
- 6 Exchange of Data between National Security Agencies and Law Enforcement
- 7 From Mutual Trust to the Gordian Knot of Notifications
- 8 Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
1 - Impact of Digital Evidence Gathering on the Criminal Justice System
A Broader Perspective
from Part I - Collecting Digital Evidence
Published online by Cambridge University Press: 02 January 2025
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- 1 Impact of Digital Evidence Gathering on the Criminal Justice System
- 2 Unresolved Jurisdictional Issues in Law Enforcement Access to Data
- 3 Effective Data Protection and Direct Cooperation on Digital Evidence
- 4 On Encryption Technologies and Potential Solutions for Lawful Access
- 5 Admissibility of Digital Evidence
- 6 Exchange of Data between National Security Agencies and Law Enforcement
- 7 From Mutual Trust to the Gordian Knot of Notifications
- 8 Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
Summary
Chapter 1 provides a broader picture of electronic evidence and digitalisation. After an overview of the latest EU digital and security strategies and their basic principles, it analyses specific far-reaching legislative instruments based on new ideas of EU criminal law prevention, reaction and cooperation in the digital age. It then analyses the main right affected by the new approach and instruments – the right to privacy – from a historical perspective and a modern understanding through concepts developed initially by the case law of the US Supreme Court. It addresses the question of what legal boundaries are necessary in the digital age for such a right to still be an effective one. Last, the chapter looks at the aspects of digitalisation in the EU criminal law justice area that pose the most questions when comparing digital cross-border cooperation with classical cross-border cooperation based on mutual recognition. It considers judicial (court) authorisation and its meaning, oversight and extraterritorial application of legislation in that regard.
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- Publisher: Cambridge University PressPrint publication year: 2025