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    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Party Declarations and reservations : See See legal profile

Cybercrime policies/strategies

The United States Government has developed comprehensive strategies to counter malicious cyber threats, including criminal cyber activity. These include:

  • The National Cyber Strategy issued by the United States Government in September 2018, which set forth clear objectives to counter malicious criminal threats, including modernizing surveillance and computer crime laws and reducing threats from transnational criminal organizations.
  • The Department of Justice report published in July 2018, which focused on countering malicious cyber activity, including detecting, deterring, and disrupting cyber threats, and improving the government’s response to cyber incidents.
  • The U.S. Department of Homeland Security (DHS) Cybersecurity Strategy, published in May 2018, which highlighted DHS’s approach to reduce cybersecurity risks, vulnerabilities, and threats.

In addition, a key strategic objective of the Federal Bureau of Investigation (FBI) is to investigate and mitigate cybercrime by “leveraging innovative techniques and tools” and “making full and effective use of legal authorities.”

Specialised institutions

While many U.S. federal and state law enforcement agencies have units specialising in cybercrime, the following units counter criminal cyber activity at the national and transnational levels:

Jurisprudence/case law

United States v. Jones (2011) was a landmark United States Supreme Court case which held that installing a Global Positioning System tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.

Riley v. California (2014) was a landmark United States Supreme Court case that held that the warrantless search and seizure of a cell phone during an arrest is unconstitutional.

Carpenter v. United States (2018) was a United States Supreme Court case which held that law enforcement must obtain a warrant to collect historical cell site location information for more than seven days.

Tools on Cybercrime & Electronic Evidence Empowering You!

These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 


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