Cloud Computing and Its Implications for Cybercrime Investigations in Australia

Computer Law and Security Review 29(2): 152-163, 2013

21 Pages Posted: 17 Oct 2013

See all articles by Christopher Hooper

Christopher Hooper

Monash University

Ben Martini

University of South Australia

Kim-Kwang Raymond Choo

The University of Texas at San Antonio

Date Written: October 15, 2013

Abstract

The advent of cloud computing has led to a dispersal of user data across international borders. More than ever before, law enforcement investigations into cybercrime and online criminal activity require cooperation between agencies from multiple countries. This paper examines recent changes to the law in Australia in relation to the power of law enforcement agencies to effectively investigate cybercrime insofar as individuals and organisations make use of cloud infrastructure in connection with criminal activity. It concludes that effective law enforcement operations in this area require harmonious laws across jurisdictions and streamlines procedures for granting assistance between law enforcement agencies. In conjunction with these mechanical developments, this paper posits that law enforcement officers require a systematised understanding of cloud infrastructure and its operation in order to effectively make use of their powers.

Keywords: Cloud computing, Cybercrime, Digital forensics, Law enforcement investigations, Mutual legal assistance, Australian Law, Council of Europe Convention on Cybercrime, Jurisdictional issues

JEL Classification: C88, C89, K42, K49

Suggested Citation

Hooper, Christopher and Martini, Ben and Choo, Kim-Kwang Raymond, Cloud Computing and Its Implications for Cybercrime Investigations in Australia (October 15, 2013). Computer Law and Security Review 29(2): 152-163, 2013. Available at SSRN: https://ssrn.com/abstract=2340805

Christopher Hooper

Monash University ( email )

23 Innovation Walk
Wellington Road
Clayton, Victoria 3800
Australia

Ben Martini

University of South Australia ( email )

37-44 North Terrace, City West Campus
Adelaide, South Australia 5001
Australia

Kim-Kwang Raymond Choo (Contact Author)

The University of Texas at San Antonio ( email )

San Antonio, TX 78249
United States
+12104587867 (Phone)

HOME PAGE: http://https://sites.google.com/site/raymondchooau/

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