CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, January 16, 2013

Orton, Alva & Endicott-Popovsky on Cloud Forensic Investigations

Ivan Orton Aaron Alva and Barbara Endicott-Popovsky (King County Prosecuting Attorney’s Office , University of Washington and University of Washington) have posted Legal Process and Requirements for Cloud Forensic Investigations (Cybercrime and Cloud Forensics: Applications for Investigation Processes, ed. Keyun Ruan, IGI Global, Forthcoming) on SSRN. Here is the abstract:

For the emerging field of cloud forensics, the development of validated and repeatable scientific processes for conducting cloud forensic investigations should include requirements that establish evidence collected as legally admissible. There is currently an uncertainty in the legal requirements for cloud forensics. Forensic investigations in the cloud introduce unique issues that must be addressed, and the legal environment of the cloud must be considered. The authors will detail the process in criminal cloud forensic investigations for commanding production from cloud providers including constitutional and statutory limitations, and the civil and criminal admissibility processes. Decisions in court cases rely on the authenticity and reliability of the evidence presented. Ensuring cases involving cloud forensics follow the proper legal process and requirements will be beneficial for validating evidence when presented in court. Further, understanding of legal requirements will aid in the research and development of cloud forensics tools to aid investigations.

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