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Mutual Legal Assistance Treaty (MLAT)

Definition

A bilateral or multilateral treaty under which signatory states agree to assist each other in gathering evidence for criminal investigations. MLATs define the procedures, timescales, and dual-criminality conditions for cross-border evidence requests. They are the primary formal channel for obtaining evidence held by foreign providers or located on servers abroad.

Type
Bilateral or multilateral treaty between states
Purpose
Formal cross-border evidence and legal assistance requests
Governs
Procedures, timescales, dual-criminality conditions
Common bottleneck
Processing time, often months for a request

Common questions

Why do MLAT requests take so long?+

Each request passes through a central authority in both the requesting and requested country, is checked against dual-criminality and procedural requirements, and is queued alongside every other pending request. Investigators often wait months, which is a recognised weakness for time-sensitive digital evidence.

What has reduced reliance on MLATs for digital evidence?+

Instruments like the US CLOUD Act's executive agreements allow some providers or governments to exchange certain data more directly, bypassing the full MLAT process for a narrower set of requests. MLATs remain the default formal channel where no such agreement exists.

Related terms

Chain of Custody
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Budapest Convention
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CLOUD Act
The Clarifying Lawful Overseas Use of Data Act (US, 2018). Clarifies that US service providers must comply with valid US legal process...
Lawful Interception
Court-authorised real-time capture of the content of communications in transit, such as telephone calls, emails, or instant messages. Requires a higher legal...
Article 29 Preservation Request
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Bharatiya Sakshya Adhiniyam 2023 (BSA)
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Blockchain Analytics
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Bulletproof Hosting
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Central Authority
The government body designated under an MLAT or domestic law to send and receive formal mutual legal assistance requests. In the US...
Chain of Custody (Cross-Border)
The documented record of every person who handled digital evidence from its original collection in a foreign jurisdiction through its transfer, receipt,...
Computer Fraud and Abuse Act (CFAA)
18 U.S.C. § 1030, the primary US federal computer crime statute. Criminalises unauthorised access to protected computers, data theft, system damage, and...
Computer Misuse Act (CMA)
UK statute enacted in 1990 and substantially amended in 2006 and 2015. Creates three base offences (unauthorised access, access with further intent,...

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