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01 June 2018 / Nick Vamos , Philip Gardner
Issue: 7795 / Categories: Features , Profession , Technology
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Cloud security

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Nick Vamos & Philip Gardner discuss competing approaches to digital evidence gathering

  • Competing approaches to digital evidence gathering in light of the US CLOUD Act and the proposed Regulation on European Production and Preservation Orders for Electronic Evidence in Criminal Matters (‘the E-Evidence Regulation’).

Law enforcement and intelligence agencies across the world are increasingly demanding speedy access to electronic data, most commonly emails or other forms of digital messaging. Such data is ubiquitous, ephemeral and lacks an obvious geographical location: three qualities that give rise to thorny practical and legal problems.

Electronic communications data is as ubiquitous in crime as it is in normal daily life. Offenders communicate via email and social media in order to plan and carry out their schemes. Crucial evidence can be found within a suspect’s internet search history. Some offences, such as hacking and disruption attacks, exist only in the digital world. The importance of digital evidence has been underlined repeatedly in high-profile terrorist investigations, from the UK airline bomb plot in 2006 through to present day attacks

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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