Crossing lines, or simply crossing borders? Digital data in transnational criminal proceedings

• In Event: WG Organized Crime and Criminal Networks Panel 6. Organized crime: criminal justice & policing

Abstract

Digital data is fluid. The place of storage of cloud data is often not to be determined. Telecommunication and web data or often accessible from various countries. Thus, the traditional concept of State, territory, and public authorities, forming a fundament of traditional mutual legal assistance, becomes outdated. New forms of transnational investigation and cooperation tools and facts develop, such as the European Protection Order, partially to be described as a simulation of intrastate conditions. Cases of transnational crypto messenger data supervision, seizure, and exchange challenge domestic procedural laws and the protection of fundamental rights. The paper provides a transnational analysis of the approach domestic courts, such as the Austrian Federal Court, the German Federal Court, ao, and European Courts, namely the ECtHR and the ECJ, have taken to answer these challenges, and critically develops own theses to cope with this challenge.

Author

• Stefan Schumann, Johannes Kepler University Linz