Global Forensics Unit 3, Essay Example

The United States investigation unit has embraced the use of new technology in the investigation of international electronic crimes. There are times when the department or the investigator needs to access forensic evidence electronically, and at the same time not violating the EU rights to the citizen under investigation. Therefore, investigator will have to work hand in hand with the European Union computer crimes unit in the conducting of such an investigation (Busser, 2009).

There are certain U.S laws that may not be applicable when a U.S investigator is using electronic technology in the search for evidence. An excellent example is the US computer fraud and abuse Act, which may not be apply in the access to electronic evidence when a U.S investigator is conducting an investigation on fraud. There are certain laws and regulations, put in place by both the U.S and the EU, which the U.S investigators must follow during investigations. They include the European Union data protection directive, the data retention law and the information systems attacks decisions. The structural steps that the United States investigators follow during these investigations are so unique to the EU requirements. For example, in the US, to ensure that the investigators do not compromise private data, they only target the whole bit –stream imaging process from the hard drive. An attempt by a US investigator to copy will constitute infringement under the British law (Pollitt & Shenoi, 2005).

The US carries out its investigations, in line with the legal requirements of the EU. The US investigation Unit and the EU conduct co-ordination meetings to ensure harmony between the respective investigations teams. The EU data protection directive ensures that the US investigators only use certified forensic tools to process personal data needed in these investigations. He must also provide notices of data protection to the EU law enforcement unit on the reasons why they need the information (Ruyver, Vermeulen, & Beken, 2002).

Reference

Busser, E. D. (2009). Data Protection in EU and US Criminal Cooperation: A Substantive Law

Approach to the EU Internal and Transatlantic Cooperation in Criminal Matters Between Judicial and Law Enforcement Authorities. New York: Maklu.

Pollitt, M., & Shenoi, S. (2005). Advances in digital forensics: IFIP International Conference on

Digital Forensics, National Center for Forensic Science, Orlando, Florida, February 13-16, 2005. London: Birkhäuse.

Ruyver, B., Vermeulen, G., & Beken, T. (2002). Strategies of the EU and the US in combating transnational organized crime. New York: Maklu.