The FBI could soon demand sensitive communication data from European Internet service providers. It would also be possible to have the data retrieved in real time. With this, the European Union wants to make the Trump administration weigh the possibility of being able to query „electronic evidence“ on Facebook & Co.
The EU Commission wants to negotiate an agreement with the US government that forces Internet providers based in the European Union to cooperate more with US authorities. The companies would have to grant police forces and secret services from the USA access to the communication of their users. European prosecutors would then also be able to issue an identical order directly to Facebook, Apple and other Internet giants. The legal process via the judicial authorities that has been customary up to now is to be dropped. „US authorities want to legally intercept telecommunications in Europe“ weiterlesen
Police and judicial authorities are to have easier access to cloud data in the USA. To this end, a decree of the US government will also apply in the EU member states. As part of the „Budapest Convention“, US authorities could also knock directly on the door of European Internet companies.
The European Commission has today submitted two negotiating mandates for easier data retrieval from Internet companies. Their purpose is to facilitate access to „electronic evidence“ in the US. This is also possible via the EU-US Mutual Legal Assistance Agreement or bilateral mutual recognition procedures. However, this existing international legal process takes up to 10 months. But allegedly, the EU member states only make use of this laborious procedure in around 4,000 cases a year. „European Commission wants to facilitate access to servers in third states“ weiterlesen
The European Investigation Order in criminal matters allows judicial authorities in all EU Member States to instruct each other to collect evidence. It also sets forth provisions for cross-border telecommunications surveillance. The European standardisation institute ETSI is consequently working on interfaces for the hand-over of intercepted phone calls.
By May 22nd, the Member States of the European Union have to transpose the European Investigation Order in criminal matters (EIO) into national law. The Directive defines cross-border cooperation between judicial authorities including courts, investigating judges and public prosecutor’s offices. In the future, an “issuing State” can oblige an “executing State” to gather evidence in criminal proceedings. This entails inter alia conducting investigations.
It also sets forth provisions for the “temporary transfer of persons held in custody”, hearings by video or telephone conference or the use of the European arrest warrant to transfer people (including temporarily) to courts of another state. There is a dedicated chapter on telecommunications surveillance and the transfer of the “electronic evidence” gathered during such. „Project SMILE: Interface for European telecommunications interception“ weiterlesen