The Cambridge Handbook of Digital Evidence in Criminal Investigations

An all-encompassing intra-disciplinary comparative analysis of digital evidence gathering and the important role of online service providers in criminal investigations.

Vanessa Franssen (Edited by), Stanisław Tosza (Edited by)

9781316511275, Cambridge University Press

Hardback, published 9 January 2025

608 pages
26.2 x 18.5 x 3.6 cm, 1.263 kg

'… while the Handbook is undeniably an intellectual feast for (international) criminal lawyers, it also stands as a distinguished work that merits the attention of a broader readership of scholars and practitioners alike.' Magdalena Brewczyńska, European Data Protection Law Review

Authored by leading scholars in the field, this handbook delves into the intricate matter of digital evidence collection, adopting a comparative and intra-disciplinary approach. It focuses specifically on the increasingly important role of online service providers in criminal investigations, which marks a new paradigm in the field of criminal law and criminal procedure, raising particular challenges and fundamental questions. This scholarly work facilitates a nuanced understanding of the multi-faceted and cross-cutting challenges inherent in the collection of digital evidence, as it navigates the contours of current and future solutions against the backdrop of ongoing European and international policy-making. As such, it constitutes an indispensable resource for scholars and practitioners alike, offering invaluable insights into the evolving landscape of digital evidence gathering.

Introduction: gathering electronic evidence and cooperation with service providers in the digital era: a jigsaw puzzle of technological and legal challenges Vanessa FRANSSEN and Stanisław TOSZA
Part I. Collecting Digital Evidence: Transversal Challenges and Solutions: 1. Impact of digital evidence gathering on the criminal justice system – A broader perspective Anže ERBEŽNIK
2. Unresolved jurisdictional issues in law enforcement access to data Dan SVANTESSON and Anna-Maria OSULA
3. Effective data protection and direct cooperation on digital evidence Gavin ROBINSON
4. On encryption technologies and potential solutions for lawful access Cyprien DELPECH DE SAINT GUILHEM
5. Admissibility of digital evidence Giulia LASAGNI
6. Exchange of data between national security agencies and law enforcement: challenges for criminal procedure Tatiana TROPINA
7. From mutual trust to the gordian knot of notifications. The e-Evidence regulation and directive Theodore CHRISTAKIS
8. Moving in the right direction for transborder access to digital evidence in criminal matters? The council of Europe and the second additional protocol introducing direct cooperation Angela AGUINALDO and Paul DE HERT
Part II. Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations: 9. Digital evidence in criminal matters: Belgian pride and prejudice Sem CAREEL and Frank VERBRUGGEN
10. Digital evidence in Estonia Agnes KASPER, Eneli LAURITS and Melita SOGOMONJAN
11. Digital evidence and the cooperation of service providers in Germany Dominik BRODOWSKI
12. Accessing digital evidence in criminal matters: an inadequate Irish legal framework T. J. MCINTYRE and Maria Helen MURPHY
13. Digital evidence and the cooperation of service providers in Luxembourg Katalin LIGETI and Gavin ROBINSON
14. The gathering of digital evidence and cooperation of service providers in Poland Maciej ROGALSKI
15. Access to retained data and cooperation of service providers in criminal investigations in Spain Carmen CUADRADO SALINAS and Juan Carlos ORTIZ PRADILLO
16. Comparative analysis of National Law and Practices: unravelling differences in view of EU-wide solutions Stanisław TOSZA and Vanessa FRANSSEN
Part III. Collecting Digital Evidence and the Role of Service Providers: A Global Perspective: 17. Digital evidence and cooperation of service providers in China Li ZHE and Jin ZHENAN
18. Cooperation of service providers in criminal investigations in the Russian Federation Maria FILATOVA, Olga KOSTYLEVA and Tatiana ALEKSEEVA
19. Digital evidence collection in Turkey Seçil BILGIҪ
20. Obtaining digital evidence under UK Law Elif Mendos KUŞKONMAZ and Ian WALDEN
21. Digital evidence gathering by US Authorities and Cross-Border cooperation with US-Based service providers Marine CORHAY and Vanessa FRANSSEN
Conclusions: collecting digital evidence: from present challenges to future solutions Vanessa FRANSSEN and Stanisław TOSZA.

Subject Areas: Criminal law & procedure [LNF]