Framing Access to User Data Across Jurisdictions
Criminal investigations increasingly require access to information about users and digital evidence stored by private companies in jurisdictions outside the requesting country. Existing systems for cross-border user data requests are under stress and the problem is compounded by the difficulties of determining location and jurisdictional nexus in investigations. What are the necessary safeguards and procedures to establish viable and scalable frameworks?
Based on discussions facilitated by the I&J Policy Network, this paper presents a general framing of the challenges, approaches, and initiatives related to cross-border access to user data.
I&J's Ongoing Work Related to User Data
The Data & Jurisdiction program addresses how current practices for cross-border user data requests can be improved based on the areas of cooperation identified by participants in Workstream I of the 2016 Global Internet & Jurisdiction Conference.
A multistakeholder Data & Jurisdiction Contact Group has also been established to determine what could realistically and pragmatically be achieved within each area for cooperation. Policy Options identified by the Data group and other parallel Contact Groups on Content and Domains will be circulated ahead of the 2018 Global Internet and Jurisdiction Conference.
