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Surveillance, criminal law and sovereighty

Warren, Ian 2015, Surveillance, criminal law and sovereighty, Surveillance and society, vol. 13, no. 2, pp. 1-6.

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Title Surveillance, criminal law and sovereighty
Author(s) Warren, IanORCID iD for Warren, Ian orcid.org/0000-0001-8355-118X
Journal name Surveillance and society
Volume number 13
Issue number 2
Start page 1
End page 6
Total pages 6
Publisher Queens University
Place of publication Kingston, Ont.
Publication date 2015-07-03
ISSN 1477-7487
Keyword(s) Surveillance
sovereignty
jurisdiction
evidence
extraterritoriality
non-citizens
USA
internet
warrant
control
Australia
Summary Seeking better understanding of the relationship between criminal law and surveillance demands investigating the evolving nature of sovereignty in an era of transnational digital information flows. While territorial boundaries determine the limits of police investigative and surveillance powers under the criminal law, several recent United States (US) examples demonstrate how new forms of extraterritorial surveillance that enable police to access online communications by foreign citizens and digital information stored in offshore locations are authorized by US courts. This discussion outlines how the processes of mutual legal assistance that ordinarily govern the search, seizure and transfer of digital evidence from one jurisdiction to another are increasingly considered to undermine police efficiency, even though they protect the due process rights afforded to crime suspects under established principles of sovereignty (Palmer and Warren 2013).
Language eng
Field of Research 160204 Criminological Theories
160205 Police Administration, Procedures and Practice
1602 Criminology
1608 Sociology
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2015, Queens University
Persistent URL http://hdl.handle.net/10536/DRO/DU:30074142

Document type: Journal Article
Collection: School of Humanities and Social Sciences
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