There has been growing legal, policy, and academic attention to the topic of Mutual Legal Assistance (MLA), the mechanisms for evidence held in one country to be provided to a different country for law enforcement purposes. This post summarizes recent developments and proposes a new mechanism for MLA that could be used for the important country of India, and also more generally.
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Last week, the House Judiciary Committee held a hearing on conflicts of law and mutual legal assistance (MLA)—how to fulfill law enforcement requests for stored data in an era when transnational Internet companies often hold data relevant to citizens of numerous countries.
The House Judiciary Committee heard testimony today on "International Conflicts of Law Concerning Cross Border Data Flow and Law Enforcement Requests." The two-panel hearing included remarks from Principal Deputy Assistant Attorney General David Bitkower, Microsoft President and CLO Brad Smith, Michael Chertoff of the Chertoff Group, former AAG for National Security David Kris, and Jennifer Daskal, professor at American University Washington
This is the final post in a series analyzing the Daskal-Woods reform proposal for law enforcement demands for communications content across national borders. Daskal and Woods have proposed that countries whose laws and practices meet certain human rights standards, and whose system for cross-border requests includes certain elements, ought to be able to make content disclosure demands directly to U.S.