A Transnational Perspective and Systemic Re view of Cross-Border Electronic Data Forensics

Abstract

In an era marked by increasing cybercrime and global digital interdependence, cross-border electronic data forensics has become a vital yet highly contested legal issue. This paper offers a comprehensive and compar - ative review of the legal frameworks, practical challenges, and evolving models governing transnational elec - tronic data forensics. It critically analyzes international and regional instruments, including the newly adopted United Nations Convention against Cybercrime, the Budapest Convention and its Second Additional Protocol, as well as national regimes such as the European Union’ s European Investigation Order and the CLOUD Act in the U.S. The study contrasts the emerging “data controller” model, which emphasizes jurisdiction over service providers regardless of data location, with the traditional “data storage place” model grounded in ter- ritorial sovereignty. Highlighting legal ambiguities, operational inconsistencies, and sovereignty conflicts, it underscores the limitations of both multilateral treaties and unilateral approaches. The paper also reflects on China’ s potential pathway, advocating a cautious, sovereignty-respecting engagement with the “data control- ler” framework while emphasizing data classification and reciprocity.