Handling And Exchanging Electronic Evidence Across Europe
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Handling And Exchanging Electronic Evidence Across Europe
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Author : Maria Angela Biasiotti
language : en
Publisher: Springer
Release Date : 2018-06-26
Handling And Exchanging Electronic Evidence Across Europe written by Maria Angela Biasiotti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-26 with Law categories.
This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.
European Investigation Order
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Author : Maria Angela Biasiotti
language : en
Publisher: Springer Nature
Release Date : 2023-09-04
European Investigation Order written by Maria Angela Biasiotti and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-04 with Law categories.
In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
Admissibility Of Evidence In Eu Cross Border Criminal Proceedings
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Author : Lorena Bachmaier Winter
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-05-16
Admissibility Of Evidence In Eu Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-16 with Law categories.
This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
The Legal Regulation Of Cyber Attacks
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Author : Ioannis Iglezakis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-03-19
The Legal Regulation Of Cyber Attacks written by Ioannis Iglezakis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-19 with Law categories.
This updated edition of a well-known comprehensive analysis of the criminalization of cyberattacks adds important new guidance to the legal framework on cybercrime, reflecting new legislation, technological developments, and the changing nature of cybercrime itself. The focus is not only on criminal law aspects but also on issues of data protection, jurisdiction, electronic evidence, enforcement, and digital forensics. It provides a thorough analysis of the legal regulation of attacks against information systems in the European, international, and comparative law contexts. Among the new and continuing aspects of cybersecurity covered are the following: the conflict of cybercrime investigation and prosecution with fundamental rights to privacy and freedom of expression; the 2016 Directive on security of network and information systems (NIS Directive); the General Data Protection Regulation (GDPR); the role of national computer security incident response teams (CSIRTs); the European Union (EU) response to new technologies involving payment instruments, including virtual currencies and digital wallets; the EU Commission’s legislative proposals to enhance cross-border gathering of electronic evidence; internet service providers’ role in fighting cybercrime; measures combatting identity theft, spyware, and malware; states and legal persons as perpetrators of cybercrime; and the security and data breach notification as a compliance and transparency tool. Technical definitions, case laws, and analysis of both substantive law and procedural law contribute to a comprehensive understanding of cybercrime regulation and its current evolution in practice. Addressing a topic of growing importance in unprecedented detail, this new edition of a much-relied-upon resource will be welcomed by professionals and authorities dealing with cybercrime, including lawyers, judges, academics, security professionals, information technology experts, and law enforcement agencies.
Electronic Evidence In Civil And Administrative Proceedings
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Author : Conseil de l'Europe
language : en
Publisher:
Release Date : 2019
Electronic Evidence In Civil And Administrative Proceedings written by Conseil de l'Europe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Electronic evidence categories.
Dimensions Of Evidence In European Civil Procedure
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Author : Vesna Rijavec
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-29
Dimensions Of Evidence In European Civil Procedure written by Vesna Rijavec and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-29 with Law categories.
Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Data Protection Beyond Borders
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Author : Federico Fabbrini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11
Data Protection Beyond Borders written by Federico Fabbrini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
The Sharing Economy For Tackling Cybercrime
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Author : Ethem Ilbiz
language : en
Publisher: Springer Nature
Release Date : 2023-01-01
The Sharing Economy For Tackling Cybercrime written by Ethem Ilbiz and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Social Science categories.
This book explains Europol’s online sharing platforms efforts in three major cybercrime areas: ransomware, money laundering with cryptocurrencies, and online child sexual exploitation that Europol has already pushed private and public actors to cooperate. Since the global financial crisis, online sharing economy platforms have made a significant impact on use of under-utilized resources. People who have a car (Uber) or a spare room (Airbnb) began to share their under-used assets with others for extra income. The success achieved by these online platforms that enable efficient use of limited resources raised a new discussion on whether a similar governance model can be implemented by public administrations where public resources are insufficient. Cybercrime is one of these fields where most law enforcement agencies have not got enough resources to tackle these crimes. They need the human and technical resources of the private sector for a safer society. This book, for the first time, seeks the answers to this question. It examines the feasibility of online sharing economy platforms to enhance public-private partnerships to tackle cybercrime. The European Union Policing Agency, Europol, is the first police organization to adopt a similar model to interact with policing agencies and private industry. Drawing on extensive research, the book offers crucial insights for policymakers, researchers, and the public interested in new trends in sharing economy, innovative governance models, public-private partnerships, and cybercrime investigations.
Exchange Of Information And Data Protection In Cross Border Criminal Proceedings In Europe
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Author : Ángeles Gutiérrez Zarza
language : en
Publisher: Springer
Release Date : 2014-09-08
Exchange Of Information And Data Protection In Cross Border Criminal Proceedings In Europe written by Ángeles Gutiérrez Zarza and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-08 with Law categories.
In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.
Data Protection And Privacy Volume 15
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Author : Hideyuki Matsumi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-04
Data Protection And Privacy Volume 15 written by Hideyuki Matsumi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-04 with Law categories.
This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act - is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, including: data protection risks in European retail banks; data protection, privacy legislation, and litigation in China; synthetic data generation as a privacy-preserving technique for the training of machine learning models; effectiveness of privacy consent dialogues; legal analysis of the role of individuals in data protection law; and the role of data subject rights in the platform economy. This interdisciplinary book has been written at a time when the scale and impact of data processing on society on individuals as well as on social systems is becoming ever more important. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.