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Access to e-Evidence: BSA Calls for Clear and Predictable Measures

BRUSSELS – June 8, 2017 - Today, the European Commission presented the results of its consultation process on electronic evidence (“e-Evidence”) to the Justice and Home Affairs (“JHA”) Council, following last year’s request from Member States for concrete actions to improve criminal justice in cyberspace. BSA | The Software Alliance commends the European Commission for its efforts over the past months. Cross-border access to e-Evidence is both very important and very complex. BSA calls on EU policy makers to pursue policies that will provide clarity and predictability for service providers and for the law enforcement community alike.

“We think it is very important to improve criminal justice in cyberspace,” said Thomas Boué, BSA Director General, Policy – EMEA. “We welcome the European Commission’s efforts to find workable solutions to the fragmented European legal framework. This not an easy task. We urge EU legislators to pursue measures that guarantee clarity and predictability, without putting service providers in ‘conflict of law’ situations”.

“We also encourage the European Commission to continue its work on encryption, keeping in mind that technology integrity is key to promoting trust in the digital economy and that encryption can only be effective when it’s at its strongest” continued Thomas Boué.

BSA is committed to improving criminal justice in cyberspace and its members will continue to cooperate closely with the European Commission and EU Member States.


BSA | The Software Alliance (www.bsa.org) is the leading advocate for the global software industry before governments and in the international marketplace. Its members are among the world’s most innovative companies, creating software solutions that help businesses of all sizes in every part of the economy to modernize and grow.

With headquarters in Washington, DC, and operations in more than 30 countries, BSA pioneers compliance programs that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.


Michael O’Brien

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