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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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