By: Lucie Krahulcova and Fanny Hidvegi (Access Now)
From the article:
Mutual legal assistance treaties (MLATs) are the globally accepted hallmark for law enforcement to access data (often stored in a jurisdiction far, far away) for criminal investigations. […] The European Commission has recognized the need to address the flaws in the MLAT process so they’ve launched an investigation into cross-border access to so-called “e-evidence” both within and beyond the EU, with a goal to simplify and optimize the malfunctioning process. As a part of this investigation, the Commission has published a detailed technical paper and a shorter non-paper, in which they explain their findings and outline next steps – both practical and legislative. The Commission is conducting regular meetings with stakeholders, including civil society, with impressive frequency. Access Now submitted a brief paper that highlights the human rights implications of their current thinking; in it we argue for greater legal clarity, consideration of the existing European Investigation Order, a need to address the human right implications of government hacking, and more.
Read more: full text with links to related documents