The acquittal of writer Kaur Kender, accused of producing child pornography, because he wrote his text abroad that is therefore not subject to Estonian legislation shows that laws need to be taken into conformity with the digital age,” finds Jaan Ginter, professor of criminology at the University of Tartu.
Tallinn Circuit Court acquitted Kender a week ago because he was in Michigan, USA when his infamous short story “UNTITLED 12” was published, while the server of publisher nihilist.fm is located in the United Kingdom. Kender was beyond the reach of Estonian laws.
When a digital-age person with no knowledge of the law reads the court’s decision, they will find it very surprising Kaur Kender’s case does not fall in the jurisdiction of Estonian courts at all. Kender’s text was aimed at the Estonian market. [..] The location of a digital services provider – the location of computers used to offer the service – should not matter these days. [..] No one, including myself, has given comprehensive thought to what the criminal jurisdiction of online texts could be; however, it is clear laws are evolving, and that the location of the server cannot be the decisive factor.
Anna-Maria Osula PhD thesis: “Remote search and seizure of extraterritorial data”
Defense date: 17.04.2017 – 12:00, Näituse 20, room K-03
Professor Jaan Ginter
Dr Christoffer Wong (University of Lund)
Due to increasing digitalization, criminal procedure has to take into account the characteristics of the Internet, related technologies and digitally stored or electronically transmitted data. The objective of the dissertation is to examine, building on the example of the Council of Europe Convention on Cybercrime (CoCC), the regulation of remote search and seizure in circumstances where the targeted evidence is extraterritorially located or where it is not possible to identify the exact location of the data (‘loss of location’). Remote search and seizure entails searches that are either carried out by extending the initial search and seizure to devices accessible from the originally searched device or by remotely conducting search and seizure from other devices such as the law enforcement’s own. In addition to discussing the traditional mutual legal assistance procedures and alternative measures for accessing extraterritorial data, the dissertation scrutinizes whether remote search and seizure of extraterritorial data entails an extraterritorial application of jurisdiction to enforce and whether it can thereby be viewed as a breach of territorial sovereignty of the other state.