Digital evidence and 'cloud' computing

Computer Law and Security Review

Volumn 27, Issue 5, 2011, Pages 524-528

  Mason, Stephen ^a   George, Esther ^a  

^a Crown Prosecution Service ^*  (United Kingdom)

Author keywords

Cloud computing; Cybercrime; Digital evidence; PACE

Indexed keywords

CIVIL DISPUTE; CRIMINAL ACTIVITIES; CYBERCRIME; DIGITAL EVIDENCE; DIGITAL FORMAT; ELECTRONIC FORMATS; ENGLAND; PACE;

COMPUTER CRIME; CRIME;

CLOUD COMPUTING;

EID: 80053048376     PISSN: 02673649     EISSN: None     Source Type: Journal    
DOI: 10.1016/j.clsr.2011.07.005     Document Type: Article

References (21)

1. A paper entitled Introduction to cloud computing architecture (June 2009) by Sun Microsystems provides a useful technical introduction, available at http://www.sun.com/featured-articles/CloudComputing.pdf;
2. also useful is Cloud Security Alliance, Security Guidance for Critical Areas of Focus in Cloud Computing V2.1 (December 2009), available at https://cloudsecurityalliance.org/guidance/.
3. Richard Stone, The Law of Entry, Search, and Seizure (4th edn, 2005), Oxford University Press, paras 3.03-3.13.
4. R (on the application of Rottman) v Commissioner of Police for the Metropolis [2002] UKHL 20, [2002] 2 All ER 865; Ghani v Jones [1970] 1 QB 693, CA.
5. Richard Stone, The Law of Entry, Search, and Seizure (4th edn, 2005), Oxford University Press, para 3.16.
6. Section 15(1). The requirements should be applied stringently: R v Central Criminal Court, exp AJD Holdings [1992] Crim LR 669, and if the exercise of power complies with the provisions, there is no scope for a submission based on Article 8 of the Human Rights Act: Kent Pharmaceuticals Ltd v Director of the Serious Fraud Office [2002] EWHC 3023.
7. As amended by the Criminal Justice and Police Act 2001, Schedule 2, para 13(2).
8. Richard Stone, The Law of Entry, Search, and Seizure, (4th edn, 2005), Oxford University Press, para 3.60.
9. R v Chesterfield Justices Ex parte Bramley [2000] QB 576, [2000] 2 WLR 409, [2000] All ER 411, [2000] 1 Cr App R 486, [2000] Crim LR 385, [1999] 45L S Gaz R 34, 143 S.J. LB 282, DC.
10. Explanatory Notes to the Act, paras 156-164.
11. Other relevant legislation in the EU includes article 19(1)(a) of Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems OJ L69, 16.3.2005, p. 67-71, which provides as follows: Each Member State shall establish its jurisdiction with regard to the offences referred to in Articles 2, 3, 4 and 5 where the offence has been committed: (a) in whole or in part within its territory; and article 9 of Council Framework Decision 2001/413/JAI of 28 May 2001 on combating fraud and counterfeiting of non-cash means of payment, OJ L149 of 02.06. 2001, which uses identical language to article 19(1)(a).
12. [2002] EWHC 40 (Admin).
13. In respect of Commissioners of the Inland Revenue, see R (on the application of H) v Commissioners of Inland Revenue [2002] EWHC 2164 (Admin).
14. [2002] EWHC 40 (Admin) at 20.
15. If an application is to be made for a warrant it is the duty of the applicant to give full assistance to the district judge, and that includes drawing to his or her attention anything that militates against the issue of the warrant per Kennedy LJ at 24(3), R (Energy Financing Team Ltd) v Bow Street Magistrates Court [2006] 1 WLR 1316, [2005] EWHC 1626 (Admin).
16. Valsamis Mitsilegas EU Criminal Law (2009); André Klip European Criminal Law (2009); Vernimmen-Van Tiggelen Gisèle, Surano Laura and Anne Weyembergh, eds, The future of mutual recognition in criminal matters in the European Union (2009).
17. Judge Rob Blekxtoon, editor in chief, Handbook on the European Arrest Warrant, (T.M.C. Asser Press, 2005).
18. From the United Kingdom delegation to the Working Party on Cooperation in criminal matters (Experts on the European arrest warrant) dated 2 December 2003 (15585/03 GS/hm 1).
19. For a discussion of these guidelines in the context of digital evidence, see Stephen Mason, general editor, Electronic Evidence, (2nd edn, LexisNexis Butterworths, 2010), 3.11 - 3.16; 10.259.
20. This paper was written for the Global Project on Cybercrime, http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/ cy-activity-Interface-2010/Presentations/default-en.asp.
21. For a discussion on the meaning of original in the context of digital evidence, see Stephen Mason, general editor, Electronic Evidence, (2nd edn, LexisNexis Butterworths, 2010), 4.09.