One of the paper-writing winners (Nicolai Seitz) is standing up to talk about the problems of transborder enforcement of requests for information.

In 80% of all German cases, access to data located abroad is necessary for criminal investigations inolving the internet, he says.  Usually, people ask for letters rogatory, but this takes an enormous amount of time.  And evidence is often deleted.  There have been some improvements in the EU cybercrime convention, but these are inadequate often.

The solution?  Transborder search might do it.  But this might violate the international principle of territoriality.  And, such efforts might make changes on foreign soil.

He points to cybercrime convention.  Article 32(b) doesn't cover transborder search without consent (does cover search with consent).  There's a case (Ivanov-Gorhskov) that does touch on this issue, but FBI has overreached and we're worried (FBI accessed password-protected servers in Russia and downloaded evidence in form of data).  Terrorism may be seen by FBI as a good enough reason to trigger transborder searches and create admissable evidence.

This Russian case is an egregious example of overreaching by US, and we would be outraged if they did it here.  But it underscores the need for some transnational cooperation agreements about this subject.  We have no standardized international practices.  Seitz thinks foreign retrieval of not-freely-accessible data should be illegal.