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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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