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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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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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