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.

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.

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.

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.

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.

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.