Addressing Barriers to Cross-Border Collection of E-Evidence in Criminal Investigations

Addressing Barriers to Cross-Border Collection of E-Evidence in Criminal Investigations

2024 | Naeem AllahRakha
The study "Addressing Barriers to Cross-Border Collection of E-Evidence in Criminal Investigations" by Naeem AllahRakha from Tashkent State University of Law examines the challenges and proposes solutions for efficient cross-border collection of electronic evidence (e-evidence) in criminal investigations. The research evaluates existing legal frameworks and mutual legal assistance treaties (MLATs), which are inadequate for addressing the volatile nature and international dimension of e-evidence. The study employs a qualitative research method, including surveys and grounded theory analysis, to analyze legal practitioners' perspectives and existing frameworks. Key findings highlight the need for harmonized data categorization, direct cooperation with service providers, and streamlined procedures. The proposed solution is a new regulation for production and preservation orders, enabling direct access to e-evidence and appointing legal representatives within service providers. This regulation aims to address identified barriers and enhance cross-border e-evidence collection. The study emphasizes the importance of continuous professional development in digital investigation and the need for further research and policy development to ensure the effectiveness and compliance of the proposed regulation.The study "Addressing Barriers to Cross-Border Collection of E-Evidence in Criminal Investigations" by Naeem AllahRakha from Tashkent State University of Law examines the challenges and proposes solutions for efficient cross-border collection of electronic evidence (e-evidence) in criminal investigations. The research evaluates existing legal frameworks and mutual legal assistance treaties (MLATs), which are inadequate for addressing the volatile nature and international dimension of e-evidence. The study employs a qualitative research method, including surveys and grounded theory analysis, to analyze legal practitioners' perspectives and existing frameworks. Key findings highlight the need for harmonized data categorization, direct cooperation with service providers, and streamlined procedures. The proposed solution is a new regulation for production and preservation orders, enabling direct access to e-evidence and appointing legal representatives within service providers. This regulation aims to address identified barriers and enhance cross-border e-evidence collection. The study emphasizes the importance of continuous professional development in digital investigation and the need for further research and policy development to ensure the effectiveness and compliance of the proposed regulation.
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