A side issue arising from the Peppermint affaire is the relationship between criminal and civil trials rule of evidence.
In a criminal investigation, access to ISP owned traffic data and log files is possible only with a public prosecutor search and seize warrant. One seized, these information are strictly confidential and cannot disclosed – even to the defense counsel – before the trial starts.
The very same data – as the Peppermint affaire shows – can indeed be obtained by a private entity alleging a civivl – not criminal, then – copyright infringement, just asking the civil court to force an ISP to disclose information.
This is a paradox of the Italian legal system, since criminal action is supposed to be the only reason to allow the breach of constitutional rights, while the a civil case only gives the court limited powers. This common-sense rule has been subverted when talking about copyright. Is it fair or acceptable?
If an US law enforcement officer wants to tap an American citizen internet account, the officer must play by the books. But If the US officer wants to wiretap an Italian citizen whose account is hosted in the US by an US company, does the USofficer need to respect the US regulations, or, since the target is a foreigner, he’d be free to play as he wishes? As far as I know, the answer is a sound “no”: the law enforcement officer must always comply to the US regulation (at least because the company that hosts the account is american and it is established on the US soil.)