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How Law Enforcement Should Access Data Across Borders
| Content Provider | Semantic Scholar |
|---|---|
| Author | McQuinn, Alan Castro, Daniel Stella |
| Copyright Year | 2017 |
| Abstract | In late 2013, U.S. federal law enforcement officials obtained a warrant as part of an anti-narcotics investigation to seize the contents of an email account belonging to a Microsoft customer whose data the company stored in Dublin, Ireland.1 Microsoft refused to comply with the order, arguing that the U.S. government cannot force a private party to do what U.S. law enforcement has no authority to do itself: use a warrant to conduct a search and seizure operation on foreign soil.2 This case exposed the cracks in the foundation of the current framework used by law enforcement agencies to access digital information and determine jurisdiction on the Internet. Moreover, attempts to resolve this dispute risk either hamstringing law enforcement efforts or distorting the global marketplace for digital services. This report explains the problems with the status quo, describes the limitations of existing proposals, and offers an alternative framework to resolve these issues along with a set of recommendations to operationalize this framework not just within the United States, but globally. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://www2.itif.org/2017-law-enforcement-data-borders.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
