@article{2019:braum:ber_d,
title = {„Über den Wolken“ – Grenzenlose Freiheit?},
year = {2019},
note = {The European Commission has presented a proposal for a Regulation on
“European Production and Preservation orders for electronic evidence
in criminal matters”. It is intended to respond to alleged
shortcomings in the enforcement of the law when gathering evidence
from data stored in the cloud. The proposal represents a paradigm
shift as the principle of territoriality is replaced by the principle
of the marketplace. It implies a shift in the focus of European
criminal procedural law from mutual recognition and judicial
cooperation to unilateral executive access to evidence. This
undermines data protection principles. Beyond its immediate
consequences, however, the proposal is above all a long-term model for
deforming the European criminal justice system as a whole. It is part
of a European investigation network that largely eludes binding and
effective judicial control.},
journal = {KritV Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft},
pages = {93--116},
author = {Braum, Stefan},
volume = {102},
number = {2}
}