Transnational Digital Investigations : Regulating Extraterritoriality, Investigative Jurisdiction, and Conflicts of Law

This book examines how the proliferation of cross-border digital evidence has transformed criminal investigations into transnational digital investigations and how principles of jurisdiction, extraterritoriality and conflicts of law must adapt to this new reality. It will be useful to students of international law and criminal law.

This book examines how the proliferation of cross-border digital evidence has transformed routine criminal investigations into transnational digital investigations and how longstanding principles of jurisdiction, extraterritoriality, and conflicts of law must adapt to this new global reality. With the advancement of internet-facilitated communications and cloud computing technologies, law enforcement authorities are increasingly in need of digital evidence that is stored or controlled across borders. Routine criminal investigations have transformed into transnational digital investigations as a result, raising issues of the proper scope of extraterritorial jurisdiction, the protection of fundamental rights, and conflicts of law. By engaging with the principle of comity, the book sets out a form of investigative jurisdiction that is consistent with international law principles and minimizes conflicts of laws. To resolve conflicts, the book develops a multi-factor balancing test that objectively considers the connections between the concerned states and the data sought, including jurisdictional connecting factors, principles of sovereign deference, and the protection of the fundamental rights of data subjects. The book will be of interest to researchers in the fields of international law, criminal law, human rights, and conflicts of law.