Removing the barriers in cross-border crime investigation by gathering e-evidence in an interconnected society

Abstract

This paper discusses the current issues and proposes legal remedies for removing the barriers to gathering cross-border electronic evidence in crime investigation. Crime and cyber-crime have a huge influence on our modern economy as the yearly damage is estimated to cost hundreds of billions of USD. Efficient fight against cybercrime in the interconnected society faces several barriers due to the inconsistent understanding in cross-border e-evidence search, the legality of the data sought, and the rules for cooperation with the service providers of communication services. The paper evaluates the current legal scene and the existing regulative enabling collection of cross-border electronic evidence. The attitudes and the views towards the current legal instruments enabling efficient cybercrime and crime investigation and cross-border e-evidence collection among the legal practitioners are analysed based on empirical data collected with two surveys. Answers to the research questions ‘if the barriers for cross-border access to e-evidence can be removed with new regulation’ are provided by analysing both the survey results and the new EU regulation for investigation, production and preservation orders.