doesn’t shock the conscience, its not a 4th amendment problem (admissible). Substantively Rogatory Letters Request from tribunal in one country to tribunal in another Very slow process- 6-12 months Treaties Extradition Requires the crime to be a crime in both countries. Must be a felony in the US and should carry the potential penalty of at least 1 year in prison Mutual Legal Assistance Treaties Imposes mutual legal obligations on evidence collection US has MLAT with 45 countries No extradition if prosecution would violate US constitutional law. 24 Hour Contact Points Each country has 24 hour access to computer crime agents and prosecutors to evidence collection in an emergency (US and most of Western Europe plus Canada and South Korea and Japan) Policy Proposals Uniform substantive laws for extradition and dual criminality MLAT. Also to avoid safe havens and synchronize legal assistance One world government? European law? US law? Very substantive and procedural laws Effects on domestic power? Privacy? Council of Europe Cybercrime Convention Enacts something similar to US law (1030, etc.) FISA Stuff Can conduct surveillance on foreign without a warrant if it meets the test Foreign agent- spies, terrorists, foreign embassy officials Test: Probable cause that the person is agent of foreign power, significant purpose is for foreign intelligence power FISA Pen Register Statute- same idea but for national security purpose, not for a criminal case America Act” “Protect FISA warrants not needed to monitor targets reasonably believed to be located outside of the US Can get email from Gmail server of people believed to be outside the US
doesn’t shock the conscience, its not a 4th amendment problem (admissible). Substantively Rogatory Letters Request from tribunal in one country to tribunal in another Very slow process- 6-12 months Treaties Extradition Requires the crime to be a crime in both countries. Must be a felony in the US and should carry the potential penalty of at least 1 year in prison Mutual Legal Assistance Treaties Imposes mutual legal obligations on evidence collection US has MLAT with 45 countries No extradition if prosecution would violate US constitutional law. 24 Hour Contact Points Each country has 24 hour access to computer crime agents and prosecutors to evidence collection in an emergency (US and most of Western Europe plus Canada and South Korea and Japan) Policy Proposals Uniform substantive laws for extradition and dual criminality MLAT. Also to avoid safe havens and synchronize legal assistance One world government? European law? US law? Very substantive and procedural laws Effects on domestic power? Privacy? Council of Europe Cybercrime Convention Enacts something similar to US law (1030, etc.) FISA Stuff Can conduct surveillance on foreign without a warrant if it meets the test Foreign agent- spies, terrorists, foreign embassy officials Test: Probable cause that the person is agent of foreign power, significant purpose is for foreign intelligence power FISA Pen Register Statute- same idea but for national security purpose, not for a criminal case “Protect America Act” FISA warrants not needed to monitor targets reasonably believed to be located outside of the US Can get email from Gmail server of people believed to be outside the US
Computer%20Crime%20-%20Kerr%20-%202.docx