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37C3 - Dissecting EU electronic evidence
"Discover the intricacies of the EU's electronic evidence regulation, examining its provisions, limitations, and potential drawbacks in facilitating digital data exchange between member states."
- The regulation aims to facilitate the exchange of electronic evidence between EU member states, but has some issues with complexity and effectiveness.
- Service providers must respond to requests within 8 hours, and have 60 days to produce the requested data.
- The regulation applies only to substantial crimes, defined as those carrying a minimum custodial sentence of at least 3 years.
- The service provider can raise an objection, but the requesting authority can also object if the provider does not release the data.
- There is no harmonization of criminal law across EU member states, which can lead to conflicts and difficulties in implementing the regulation.
- The regulation does not require the service provider to have a contract with the user or to have a presence in the country where the user is located.
- There is no clear guidance on how to handle requests for data from users who are not located in the same country as the service provider.
- The regulation does not provide for cost reimbursement for service providers that produce the requested data.
- The implementation of the regulation will be challenging for small and not-for-profit organizations.
- There are concerns about the effectiveness of protections for individuals and the potential for abuse by law enforcement.
- The regulation applies only to electronic evidence, and does not cover other forms of evidence.
- Service providers are expected to have procedures in place for handling requests for data and producing the requested data.
- The regulation does not provide for an appeal process for service providers who object to producing the requested data.
- There are provisions for enforcement and penalties for service providers that fail to comply with the regulation.
- The regulation is intended to facilitate the exchange of electronic evidence between EU member states, but has some issues with complexity and effectiveness.