“All Along the Watchtower”: Matters Not Yet Solved Regarding Communication Interception Systems and Electronic Data Retained on Foreign Servers

Abstract

The chapter describes an overview of the current situation in the EU with respect to matters not yet solved regarding communication interception systems and electronic data retention, also based on direct and personal experience of the author who is a public prosecutor. A state of the art on this topic is well described also focusing on some experiences and cases experimented by the Italian authorities when dealing with VOIP Systems and the cross-border acquisition of such information as probative values in the investigation phase. After having summarised the technological landscape with which investigators must deal in their daily activities fighting (not just organised) crime, the author tries to answer to the practical question of what can be done to overcome the legislative gap. Some solutions are given also considering the current scenario taking place in the USA with respect to the same issues and barriers.