Mr. Rosquete’s article on international legal assistance in criminal cases was selected for publication in the Florida Bar’s International Law Quarterly. Mr. Rosquete’s article discussed international legal assistance and issues that may arise in cybercrime cases where evidence and data might be located in foreign jurisdictions.
Mr. Rosquete’s article illustrates how foreign-legal assistance in criminal cases can take multiple forms depending on the facts and legal relationship between the United States and the foreign government seeking the evidence. In the cybercrime context, a proper understanding of the legal framework for obtaining international legal assistance is paramount for any civil or criminal practitioner advising the cybercrime victim or discovery targets of a cybercrime investigation.
Estimates indicate that cybercrime “will become a $2.1 trillion problem by 2019” and its steady rise has been described as “nothing short of epic.” Given the growing transnational dimension of cybercrime one can anticipate that the United States and foreign governments will see a steady increase in requests for international-legal assistance aimed at obtaining cybercrime-related evidence.