Stakeholders in Reform of the Global System for Mutual Legal Assistance

Abstract

This chapter briefly explains the reasons that Mutual Legal Assistance Treaties (MLATs) and other forms of trans-border access to electronic data are vital and becoming increasingly more so for law enforcement in this age of globalized evidence. It then presents the goals of key stakeholders in MLAT reform: national governments other than the United States; the US government, both for law enforcement and other goals; technology companies, such as email and social network providers; and civil society, seeking goals including privacy, free speech, and democracy. This chapter is part of a broader research and law reform project on law enforcement access to electronic evidence held in other nations. Our ultimate goal is to propose reforms (or meaningful alternatives) to the Mutual Legal Assistance (MLA) system. Any such reforms, however, will have to be built on an accurate understanding of the incentives and perspectives of the major stakeholders.

Mapping the cybersecurity institutional landscape

“…Other conventions on prosecution of criminals that can be applicable to cybercrime are the European Convention on Extradition and Mutual Legal Assistance Treaties (MLAT) such as the European Convention on Mutual Assistance in Criminal Matters. MLATs are being increasingly used in prosecution of traditional criminals and cybercriminals (Swire and Hemmings, 2015). The usage of the internet in communication has led to storing data of legal evidentiary value in various jurisdictions.…”

“…The usage of the internet in communication has led to storing data of legal evidentiary value in various jurisdictions. The prevalence of the internet has led MLATs to be used in criminal investigation and their role has become critical in "global law enforcement" (Swire and Hemmings, 2015). The enhanced role of MLATs in providing a global law enforcement mechanism is not without its shortcomings.…”