Cyberspace, the cloud, and cross-border criminal investigation

Abstract

The central question addressed in this study is what limits and what possibilities exist within international law for cross-border cyber-investigations by law enforcement authorities. The focus is on cloud storage services, but the analysis applies more generally to internet investigations, in particular in the form of remote searches and the contacting of foreign service providers to request data. In particular, the report focuses on questions of legality of cross-border access to data under international law in terms of the core principles of territorial integrity and non-interference in domestic affairs rather than on questions of human rights. CONTENT: 1. Introduction 2. Background 3. Conceptual framework 4. Analysis 5. Ways forward