Necessity of Cross-border Stored Data's Disclosure and Regime of Bilateral Legal Cooperation Treaties in Criminal Investigations

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SALEHI JAVAD

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Journal Paper

Paper Information

Journal: PUBLIC LAW STUDIES QUARTERLY Year:2021 | Volume:51 | Issue:3 Page(s): 1183-1201

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Information Journal Paper

Title

Necessity of Cross-border Stored Data's Disclosure and Regime of Bilateral Legal Cooperation Treaties in Criminal Investigations

Author(s)

SALEHI JAVAD | Issue Writer Certificate

Keywords

Cross-border Criminal Investigation

Data Center

Microsoft Corporation

Territorial Criminal Jurisdiction

Bilateral Legal Cooperation Treaties

Abstract

Microsoft Corporation has access to the emails of its users and their contents from the United States territory. However, this information is stored and held in a crossborder Data Center that is considered to be alien to the Microsoft Corporation and the territory where the center of its activity is located. Access of the United States is interference in internal affairs of the Irish government, which is location of the Microsoft Data Center. But location of the Microsoft and its ability to access it from the territory of the United States to the information stored by its users, even in crossborder is important and obtaining criminal jurisdiction for United States Courts. Whereas United States criminal law is effective and enforceable on the territory. Accordingly, the approach of the United States courts is not justifiable on the basis of territorial rules for access to cross-border stored data. The research question is, what is the mechanism of cybercriminal investigation in the cross-border Data Center and its challenges? Findings of the research show that approve of a treaty about legal cooperation in criminal investigations and adherence to its provisions are the only mechanism for access to the cross-border Data Center, whose implementation is facing serious challenges.

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APA: Copy

SALEHI, JAVAD. (2021). Necessity of Cross-border Stored Data's Disclosure and Regime of Bilateral Legal Cooperation Treaties in Criminal Investigations. PUBLIC LAW STUDIES QUARTERLY, 51(3 ), 1183-1201. SID. https://sid.ir/paper/1052170/en

Vancouver: Copy

SALEHI JAVAD. Necessity of Cross-border Stored Data's Disclosure and Regime of Bilateral Legal Cooperation Treaties in Criminal Investigations. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2021;51(3 ):1183-1201. Available from: https://sid.ir/paper/1052170/en

IEEE: Copy

JAVAD SALEHI, “Necessity of Cross-border Stored Data's Disclosure and Regime of Bilateral Legal Cooperation Treaties in Criminal Investigations,” PUBLIC LAW STUDIES QUARTERLY, vol. 51, no. 3 , pp. 1183–1201, 2021, [Online]. Available: https://sid.ir/paper/1052170/en

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