TY - JOUR ID - 82071 TI - Necessity of Cross-border Stored Data's Disclosure and Regime of Bilateral Legal Cooperation Treaties in Criminal Investigations JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Salehi, Javad AD - Associate Prof., University of Payame Noor, Tehran, Iran Y1 - 2021 PY - 2021 VL - 51 IS - 3 SP - 1183 EP - 1201 KW - Cross-border Criminal Investigation KW - Data Center KW - Microsoft Corporation KW - Territorial Criminal Jurisdiction KW - Bilateral Legal Cooperation Treaties DO - 10.22059/jplsq.2019.272648.1893 N2 - Microsoft Corporation has access to the emails of its users and their contents from the United States territory. However, this information is stored and held in a cross-border data center that is considered to be alien to the Microsoft Corporation and the territory where the center of its activity is located. Access of the United States is interference in internal affairs of the Irish government, which is location of the Microsoft data center. But location of the Microsoft and its ability to access it from the territory of the United States to the information stored by its users, even in cross-border is important and obtaining criminal jurisdiction for United States Courts. Whereas United States criminal law is effective and enforceable on the territory. Accordingly, the approach of the United States courts is not justifiable on the basis of territorial rules for access to cross-border stored data. The research question is, what is the mechanism of cybercriminal investigation in the cross-border data center and its challenges? Findings of the research show that approve of a treaty about legal cooperation in criminal investigations and adherence to its provisions are the only mechanism for access to the cross-border data center, whose implementation is facing serious challenges. UR - https://jplsq.ut.ac.ir/article_82071.html L1 - https://jplsq.ut.ac.ir/article_82071_cc89315d48c5479515c24dbd3d437f26.pdf ER -