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Thursday, 20th August 2015

Accessing Extraterritorially Located Data: Options for States

Source: NATO Cooperative Cyber Defence Centre of Excellence

From Press Release:

Preventing, responding to and investigating cyber incidents relies on time-critical access to relevant data which might be located in countries outside the one conducting the investigation. Operational cooperation between different private and public entities and national law enforcement agencies is one of the prerequisites of a successful investigation. However, given the structure of the internet and in particular the widespread use of cloud computing by citizens, private entities and States, the physical location of data necessary for an investigation is often difficult to determine....

This analysis gives a brief overview on the role of criminal procedure and law enforcement entities in investigating cyber incidents, and then moves on to the options for States to access extraterritorially located data. Specifically, the mechanisms of Mutual Legal Assistance (MLA) and other established measures for international cooperation in the fight against cyber crime are discussed. Due to the increasing volume and importance of digital evidence in investigations, the need to access such data quickly will only increase in the foreseeable future.

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Having begun his career in academic libraries, Adrian Janes has subsequently worked extensively in public libraries, chiefly in enquiry work as an Information Services librarian. In this role he has had particular responsibility for information from both the UK Government and the European Union. He wrote a detailed report on sources for the latter which was published by FreePint in 2007, and has contributed articles to FreePint and ResourceShelf. He is involved in training in information literacy and the use of online reference resources.

A Contributing Editor to DocuTicker, he also write reviews for Pennyblackmusic.

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