Cyber investigations often involve devices and data that cross or are located across international borders. This raises challenges for law enforcement which often finds itself limited by enforcement jurisdiction that stops at its territorial borders.
What happens when law enforcement is seeking to access data or a device and the location is unknown? What about situations in which law enforcement has its hands on a device, but the data being accessed via that device is located in another state’s jurisdiction? What if the device itself is located overseas—in a jurisdiction unwilling or unable to aid the investigation?
- Professor and Faculty Director, American University, Washington College of Law.