US, EU spar over sharing electronic evidence in investigations

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In August 2016, the lifeless bodies of a young French man and woman were discovered on a beach in Madagascar, with murder suspected.

The secret to the case could be in the last messages they sent, but those are stored in the databanks of US tech giants who don't have to turn over the information to French investigators.The case is one of a growing number highlighting how key evidence needed to solve crimes could sit in computers a continent away under completely different legal jurisdiction.

But given the rise of cloud computing, such evidence is often stored far from the jurisdiction of investigating police. A European investigating judge must ask an official of his government to send an official request to the US government.The FBI then reviews the evidence to ensure it does not contain confidential information unrelated to the original request."This doesn't work, the operations are totally blocked," a frustrated European justice official said.

The act would allow foreign governments to request the information - emails, text messages, and stored records - directly from US-based communications and internet companies holding it. Some believe the US would use the Cloud Act to collect information on European citizens, and not just Americans.

 

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