Service providers and electronic evidence collection

Abstract

This paper deals with cooperation between information service providers and law enforcement authorities. LEAs increasingly demand electronic evidence from the ISPs for criminal investigations and the amount of these requests will likely increase with the implementation of the proposed European legislation on electronic evidence. This paper focuses on the analysis of current Czech and European legislation, practical implementation of procedural rules, and deals with problems that may negatively affect the quality of criminal investigation and cause unnecessary burdens on ISPs. The aim of this paper is to propose a set of compliance measures and procedures through which ISPs could prevent these problems.