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71 N.Y.U. Ann. Surv. Am. L. 687 (2015-2016)
Mutual Legal Assistance in an Era of Globalized Communications: The Analogy to the Visa Waiver Program

handle is hein.journals/annam71 and id is 723 raw text is: MUTUAL LEGAL ASSISTANCE IN AN ERA OF GLOBALIZED COMMUNICATIONS: THE ANALOGY TO THE VISA WAIVER PROGRAM PETER SWIRE* & JUSTIN D. HEMMINGS** TABLE OF CONTENTS I. Introduction................................. 688 II. History of Mutual Legal Assistance Treaties .......... 688 A. From Letters Rogatory to Mutual Legal Assistance O bligations ...................................... 691 1. Seeking Evidence Across State Lines ......... 692 2. Seeking Evidence Across National Borders ... 694 B. MLA Today... ............................. 696 1. How MLA Requests Work ................... 697 2. Stakeholders in the MLA Process ............ 700 C. The Continued Use of Letters Rogatory ......... 700 III. The Importance of MLATs in Our Era of Globalized Communications and Evidence of Crimes............ 703 A. Factual Changes Leading to the Increased Importance of MLA ......................... 703 1. The Trans-Border Nature of Electronic Evidence ............................... 704 2. Why Encryption Drives Law Enforcement to Seek Records in the Cloud, By Use of MLATs .............................. 705 * Peter Swire is the Huang Professor of Law and Ethics at the Georgia Institute of Technology's Scheller College of Business and Senior Counsel at Alston & Bird, LLP. Earlier drafts of this Article were presented at the NYU School of Law Symposium on Government Access to Data in the Cloud on May 26, 2015; the Privacy Law Scholars Conference on June 4, 2015; and at a closed-door conference on Mutual Legal Assistance Treaties at the Berkman Center for Internet & Society at Harvard University on June 22, 2015. For support on our ongoing MLA research, the authors wish to thank the Future of Privacy Forum, the Georgia Tech Institute for Information Security and Privacy, the Georgia Tech Scheller College of Business, and the Hewlett Foundation. In addition, we thank Apple, Facebook, Google, and Microsoft for their research support. The views expressed here are solely those of the authors. Our thanks as well to all of our colleagues who provided feedback and comments. The text of this Article was completed in April 2016. ** Justin Hemmings is a Research Associate at the Georgia Institute of Technology's Scheller College of Business and a Policy Advisor at Alston & Bird, LLP. He received hisJ.D. from American University's Washington College of Law. 687 Imaged with the Permission of N.Y.U. Annual Survey of American Law

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