Currently, in order to solve crimes that occur domestically but for which evidence is in a foreign country, law enforcement authorities of one country out-reach to the evidence-storing country through procedures set in Mutual Legal Assistance (MLA) treaties. The MLA process is most frequently used to access electronic data gathered by internet service providers located in another country. However, current MLA processes are slow and often ineffective; therefore, a second optional protocol is being proposed to the Budapest Convention, which currently dictates MLA procedures, to streamline the process. This Note argues that the United States should reject this proposed protocol as the changes, which would allow law enforcement to make direct demands on internet service providers and minimize the information presented about crimes to those providers, would threaten speech and privacy laws and ideals of the United States.

Continue reading Who Decides? Speech and Privacy Risks in the Draft Second Additional Protocol to the Budapest Convention