Forensic Collection of Electronic Evidence from Infrastructure-As-a-Service Cloud Computing

This article discusses some challenges involved with electronic discovery and digital forensics arising from cloud computing infrastructure as a service, arguing that the nature of cloud computing challenges the process and product of electronic discovery. We conclude that although existing rules and doctrines—the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and the Fourth Amendment—are appropriately applied to the forensic acquisition and analysis of cloud-based ESI, this technology requires adapting these rules with novel interpretations. We make the following claims: (1) online users have an expectation of the geographic location of their data and thus, the laws protecting that data; (2) cloud providers should not be permitted to execute subpoenas and search warrants on behalf of law enforcement without rigorous guidelines, including challenges to the searches’ scope and procedure; and (3) remote forensics of the remote service provider’s forum should be governed by the laws of the remote service provider