What’s new in cross-border digital evidence gathering?
David TS Fraser / @privacylawyer / david.fraser@mcinnescoper.com
HTCIA Canada Cyber Summit – May 2019
(Presentation will be available at blog.privacylawyer.ca)
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Outline
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Investigative jurisdiction
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Investigative jurisdiction
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“Virtual presence” - Enter Brecknell
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Brecknell
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After Brecknell
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Looking over the border
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Blocking statutes
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Stored Communications Act
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Stored Communications Act
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Enter the CLOUD Act
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Sidebar: The MLAT
US Service Provider
US Federal Court
US Federal Prosecutor
US Justice Office of International Affairs
Cdn Justice International Assistance Group
Canadian Police
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Sidebar: The MLAT
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CLOUD Act Executive Agreements
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CLOUD Act
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CLOUD Act Executive Agreements
US Service Provider
Canadian court-ordered production order
Canadian Police
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CLOUD Act
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CLOUD Act Executive Agreements
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Questions?
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Legal Notes
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© McInnes Cooper, 2019
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© McInnes Cooper, 2019