SoK: Cross-border Criminal Investigations and Digital Evidence

Abstract: Digital evidence underpin the majority of crimes as their analysis is an integral part of almost every criminal investigation. Even if we temporarily disregard the numerous challenges in the collection and analysis of digital evidence, the exchange of the evidence among the different stakeholders has many thorny issues. Of specific interest are cross-border criminal investigations as the complexity is significantly high due to the heterogeneity of legal frameworks which beyond time bottlenecks can also become prohibiting. The aim of this article is to analyse the current state of practice of cross-border investigations considering the efficacy of current collaboration protocols along with the challenges and drawbacks to be overcome. Further to performing a legally-oriented research treatise, we recall all the challenges raised in the literature and discuss them from a more practical yet global perspective. Thus, this article paves the way to enabling practitioners and stakeholders to leverage horizontal strategies to fill in the identified gaps timely and accurately.