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41 Yale J. Int'l L. Online 1 (2015-2016)

handle is hein.journals/yejloillwo41 and id is 1 raw text is: The Yale Journal of International Law Online MLATS AND THE TRUSTED NATION CLUB: THE PROPER COST OF MEMBERSHIP Yonatan L. Moskowitzt INTRODUCTION Until recently, Mutual Legal Assistance Treaties (MLATs) were dusty, specialists' treaties used mostly to gather evidence during investigations of transnational crimes.' These treaties codify states' mutual responsibilities to one another when one state seeks crime-related information held by an entity within the jurisdiction of another state, such as a foreigner's e-mail stored on the domestic servers of a domestic e-mail provider.2 Because of the increasingly slippery nature of data, evidence concerning quintessentially local events is decoupling from the locations and parties most responsible and is flowing abroad,3 making MLAT requests necessary tools in even the most pedestrian of local prosecutions. The legal system has a long history of developing tools for responding to evidence requests from foreign jurisdictions, but the current flood of requests looks different in kind, not just in volume, than what we have seen before.4 With the rise of electronic data, decreasing distance between jurisdictions t Former Stanford Law School Fellow at the Electronic Frontier Foundation. In addition to the editors, I would like to thank Lee Tien, Mark Jaycox, Wafa Ben Hassine, Michael Frenkel, Andrew Crocker, Professor Beth Van Schaack, and Professor Alan Weiner for their advice and feedback. The analysis and views presented in this Recent Development are those of the author alone, and do not reflect the views of the Electronic Frontier Foundation or Stanford Law School. 1. See Virginia M. Kendall & T. Markus Funk, The Role ofMutual Legal Assistance Treaties in Obtaining Foreign Evidence, 40 LITIG. 59, 59 (2014). 2. MLATs do cover other types of cooperation (for example, extradition), but this Recent Development is limited to those areas of MLATs that concern electronic discovery and warrants beyond national jurisdictions' boundaries. 3. See generally Jennifer Daskal, The Un-territoriality ofData, 125 YALE L.J. 326 (2015). 4. See Tim Wu, Is Internet Exceptionalism Dead?, in THE NEXT DIGITAL DECADE: ESSAYS ON THE FUTURE OF THE INTERNET 179, 187 (Berin Szoka & Adam Marcus eds., 2010) (explaining that the Internet has revealed some latent assumptions that we no longer have the luxury of relying on).

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