All posts by Jennifer Daskal

Professor, American University Washington College of Law.

Transnational Government Hacking

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?

Law Enforcement Access to Data Across Borders: The Evolving Security & Rights Issues

Jennifer Daskal describes the challenges facing law enforcement access to data across borders and examines the legal and political issues at stake in formulating clear standards for cross-border access to data. Daskal also presents possible mechanisms for establishing a framework for law enforcement access to content and non-content data in foreign jurisdictions.