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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 in Manchester, Brussels and Paris. It is impossible to investigate the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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