LAW ENFORCEMENT WITHOUT BORDERS: ACCESS TO ELECTRONIC DATA UNDER THE EU PRODUCTION ORDER AND THE US CLOUD ACT.
Organised by CEPS.
Chair: Marco Stefan, CEPS (BE)
Moderator: Jason Biros, VUB-LSTS (BE)
Speakers: Kenneth Harris, United States Department of Justice (US); Anze Erbeznik, LIBE Secretariat (EU); Etienne Maury, CNIL (FR); Laure Baudrihaye-Gérard, Fair Trials Europe (BE); Maximilian Schubert, EuroISPA (AT)
Crime fighting within Europe and across the Atlantic increasingly relies on the possibility to ac- cess electronic information held by IT Service Providers. The EU and the US are equipping Law Enforcement Authorities (LEAs) with new tools that will speed up the gathering of data located outside of their countries’ territory. The European Production and Preservations Orders, as well as the US CLOUD Act will allow investigating and prosecuting authorities to seek data directly from private companies, regardless of their location. But is the Internet really borderless? This Panel explores the conflicts of laws that might arise when LEAs seek to obtain data which are subject to foreign jurisdictions.
• Which are the main challenges that the implementation of the US CLOUD Act poses from an EU primary and secondary law perspective?
• Will the European Production and Preservation Orders prevent or increase conflicts of law between the EU and the US?
• Are Mutual Legal Assistance Treaties still a valid channel for criminal justice cooperation in the gathering of electronic information?
