1,721,042 research outputs found
Internet service providers as law enforcers and adjudicators. A public role of private actors
No full textpeer reviewedPrivate actors have become increasingly involved in the law enforcement process in recent years, taking up more proactive roles and being increasingly engaged in choices between conflicting rights and freedoms. The development and spread of information and communication technology (ICT) created a set of conditions in which the participation of private actors (service providers in this case) appears to be a necessity. These conditions include, for example, a lack of physical borders for ICT technologies, the speed and width of the spread of information on the Internet, as well as the growth of technological behemoths. The resulting reaction can be seen in various sectors, such as combatting illicit content online or gathering digital evidence. While executing these roles they may be compelled – de jure or de facto – to make value judgments which traditionally belong to the public authorities. At the same time the legal framework is either lacking or it does not fully cover the consequences of this fundamental paradigm shift, to the detriment of the authorities, private actors and persons concerned.
The objective of this article is to examine the most important features of these developments and analyse resulting key legal problems. The author demonstrates that the legal landscape of cooperation between law enforcement and service providers must be rethought and offers a direction for this reflection
Gathering electronic evidence from online services providers in administrative punitive proceedings
No full texteditorial reviewedGathering electronic evidence for administrative investigations – comparative study of law and practice - ELEVADMI
Regulating instead of punishing: the senior managers regime in the UK
No full textNo abstract available
The Criminalisation and Protection of Whistleblowers in the EU’s Counter-Financial Crime Framework
No full textThe last decade has been marked not only by the biggest financial crisis we have witnessed since the Wall Street Crash in 1929 but also by notorious whistleblowingacts conducted against governments, security services, sporting and doping agencies (UEFA, the Olympics Committee) and major financial institutions (eg, UBS, HSBC, SwissLeaks, LuxLeaks, the Panama Papers and EULUX Leaks). We have also witnessed whistleblowers facing real professional and personal risks, including retribution, reprisals, intimidation and criminalisation, whereby their lives and careers have been irreparably damaged as a direct result of retaliation against whistleblowers. This chapter critically examines the protection afforded to whistleblowers in the context of financial crimes such as tax evasion and money laundering in the EU
White Collar Crime. A Comparative Perspective
No full textWhite collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured changes driving it away from the classic criminal law. These trends have been reflected in changes to national legislation, not infrequently prompted by supranational law, for example, in the financial or the environmental sector. New punishing regimes have emerged, such as UN blacklisting, smart sanctions, civil asset forfeiture, financial supervisory powers, compliance law, and anti-money laundering laws. Furthermore, the role of administrative sanctioning law has been growing as well as the role of private actors in the enforcement of punitive sanctions.
The aim of this volume is to examine how various national criminal justice systems across Europe deal with the aforementioned challenges. In the first part, it takes a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it compares the European approach with the American one as a source of inspiration for unresolved difficulties and future developments. Further still, the authors explore those challenging issues regarding the field of economic and financial crime, including the Senior Managers Regime, corporate criminal liability, and whistle-blowers' protection. Timely and pertinent, this is an important new work in a fast-moving field
The project of the model rules of criminal procedure for the European Public Prosecutor’s Office
No full textpeer reviewe
Mutual recognition by private actors in criminal justice? Service providers as gatekeepers of data and human rights obligations
No full textA large number of criminal offences, not only cybercrime, is currently committed in a way that leaves digital traces which can serve as evidence. This data is in possession of service providers, often located abroad. The current model of cross-border gathering of evidence, based on mutual legal assistance, is considered too cumbersome and lengthy for the digital world. Similar reservations are made as regards the European Investigation Order. In response the EU Commission proposed the so-called e-evidence initiative. Based on mutual recognition, the new European Production Order would allow law enforcement in one Member State to request Internet service providers in another Member State to provide requested data in principle without involvement of the authorities of the latter state. This new system is a legal revolution at various levels, including its significant impact on the service providers offering services in the EU, redefining their duties towards law enforcement and influencing the relationship with their customers. This article examines the paradigm shift caused by that instrument and its consequences
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