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.

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Imaged with the Permission of N.Y.U. Annual Survey of American Law

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