The Cambridge Handbook of Digital Evidence in Criminal Investigations

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The Cambridge Handbook of Digital Evidence in Criminal Investigations

Edited by Vanessa Franssen · Stanislaw Tosza
Cambridge University Press January 2025

Specifications

ISBN-13
9781316511275
Publisher
Cambridge University Press
Publication
January 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Authored by leading scholars in the field, this handbook delves into the intricate matter of digital evidence collection, adopting a comparative and intra-disciplinary approach. It focuses specifically on the increasingly important role of online service providers in criminal investigations, which marks a new paradigm in the field of criminal law and criminal procedure, raising particular challenges and fundamental questions. This scholarly work facilitates a nuanced understanding of the multi-faceted and cross-cutting challenges inherent in the collection of digital evidence, as it navigates the contours of current and future solutions against the backdrop of ongoing European and international policy-making. As such, it constitutes an indispensable resource for scholars and practitioners alike, offering invaluable insights into the evolving landscape of digital evidence gathering.

Table of Contents

Introduction: gathering electronic evidence and cooperation with service providers in the digital era: a jigsaw puzzle of technological and legal challenges - Vanessa FRANSSEN and Stanisław TOSZA

Part I. Collecting Digital Evidence: Transversal Challenges and Solutions:
1. Impact of digital evidence gathering on the criminal justice system – A broader perspective Anže - ERBEŽNIK
2. Unresolved jurisdictional issues in law enforcement access to data - Dan SVANTESSON and Anna-Maria OSULA
3. Effective data protection and direct cooperation on digital evidence - Gavin ROBINSON
4. On encryption technologies and potential solutions for lawful access Cyprien - DELPECH DE SAINT GUILHEM
5. Admissibility of digital evidence - Giulia LASAGNI
6. Exchange of data between national security agencies and law enforcement: challenges for criminal procedure - Tatiana TROPINA
7. From mutual trust to the gordian knot of notifications. The e-Evidence regulation and directive - Theodore CHRISTAKIS
8. Moving in the right direction for transborder access to digital evidence in criminal matters? The council of Europe and the second additional protocol introducing direct cooperation - Angela AGUINALDO and Paul DE HERT

Part II. Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations:
9. Digital evidence in criminal matters: Belgian pride and prejudice - Sem CAREEL and Frank VERBRUGGEN
10. Digital evidence in Estonia - Agnes KASPER, Eneli LAURITS and Melita SOGOMONJAN
11. Digital evidence and the cooperation of service providers in Germany - Dominik BRODOWSKI
12. Accessing digital evidence in criminal matters: an inadequate Irish legal framework - T.J. MCINTYRE and Maria Helen MURPHY
13. Digital evidence and the cooperation of service providers in Luxembourg - Katalin LIGETI and Gavin ROBINSON
14. The gathering of digital evidence and cooperation of service providers in Poland - Maciej ROGALSKI
15. Access to retained data and cooperation of service providers in criminal investigations in Spain - Carmen CUADRADO SALINAS and Juan Carlos ORTIZ PRADILLO
16. Comparative analysis of National Law and Practices: unravelling differences in view of EU-wide solutions - Stanisław TOSZA and Vanessa FRANSSEN

Part III. Collecting Digital Evidence and the Role of Service Providers: A Global Perspective:
17. Digital evidence and cooperation of service providers in China - Li ZHE and Jin ZHENAN
18. Cooperation of service providers in criminal investigations in the Russian Federation - Maria FILATOVA, Olga KOSTYLEVA and Tatiana ALEKSEEVA
19. Digital evidence collection in Turkey - Seçil BILGIҪ
20. Obtaining digital evidence under UK Law - Elif Mendos KUŞKONMAZ and Ian WALDEN
21. Digital evidence gathering by US Authorities and Cross-Border cooperation with US-Based service providers - Marine CORHAY and Vanessa FRANSSEN

Conclusions: collecting digital evidence: from present challenges to future solutions - Vanessa FRANSSEN and Stanisław TOSZA
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