Legal Process and Requirements for Cloud Forensic Investigations

Cybercrime and Cloud Forensics: Applications for Investigation Processes, ed. Keyun Ruan, IGI Global, Forthcoming

48 Pages Posted: 9 Jan 2013 Last revised: 22 Nov 2014

Ivan Orton

King County Prosecuting Attorney’s Office

Aaron Alva

University of Washington

Barbara Endicott-Popovsky

University of Washington

Date Written: 2012

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.

Keywords: cloud forensics, investigations, legal processes, cloud computing

Suggested Citation

Orton, Ivan and Alva, Aaron and Endicott-Popovsky, Barbara, Legal Process and Requirements for Cloud Forensic Investigations (2012). Cybercrime and Cloud Forensics: Applications for Investigation Processes, ed. Keyun Ruan, IGI Global, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2197978

Ivan Orton

King County Prosecuting Attorney’s Office ( email )

Aaron Alva (Contact Author)

University of Washington ( email )

Seattle, WA 98195
United States

Barbara Endicott-Popovsky

University of Washington ( email )

Seattle, WA 98195
United States

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