Conclusion: Collecting Digital Evidence - From Present Challenges to Future Solutions

This concluding chapter presents some key findings of the research. Whereas the handbook started with the main technological and legal challenges regarding the collection of digital evidence, the research shows that even though the challenges are shared by legal systems across the globe, the legal answers are not. Legal solutions to similar problems result to be fragmented, disparate, and often unsatisfactory. Even if technology-neutral solutions are preferable to make sure hard-fought EU legislation and international agreements can stand the test of time, the legal reality appears to be quite different.
Notwithstanding positive recent legal developments at EU and international level, future approximation of national approaches seems highly desirable to enable law enforcement authorities to conduct effective criminal investigations to protect society and its citizens from new criminal phenomena. At the same time, the protection of citizens’ fundamental rights should be reinforced, not just a national level, but also in a cross-border context considering many criminal investigations nowadays reach beyond national borders. Global initiatives are, however, hampered by tensions between democratic and non-democratic states, making a one-size-fits-all solution inadequate.