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Title: Digital Evidence and Cloud Forensics: Contemporary Legal Challenges and the Power of Disposal
Authors: Karagiannis, Christos
Vergidis, Kostas
Type: Article
Subjects: FRASCATI::Natural sciences::Computer and information sciences
FRASCATI::Social sciences::Law
Keywords: cybercrime
cloud storage
digital evidence
cloud forensics
power of disposal
legal challenges
Issue Date: 2021
Publisher: mdpi
Source: Information
Volume: 12
Issue: 5
First Page: 181
Abstract: Fighting crime in cyberspace requires law enforcement authorities to immerse in a digital ocean of vast amount of information and also to acquire and objectify the evidence of criminal activity. Handling digital evidence is a complex and multifaceted process as they can provide critical evidentiary information in an unquestionable and irrefutable way. When digital evidence resides in a cloud storage environment the criminal investigation is faced with unprecedented contemporary legal challenges. In this paper, the authors identify three main legal challenges that arise from the current cloud-based technological landscape, i.e., territoriality (the loss of location), possession (the cloud content ownership) and confiscation procedure (user authentication/data preservation issues). On the onset of the identified challenges, the existing American, European and International legal frameworks are thoroughly evaluated. Finally, the authors discuss and endorse the Power of Disposal, a newly formed legal notion and a multidisciplinary solution with a global effect as a result of collaboration between technical, organizational and legal perspectives as an effective first step to mitigate the identified legal challenges.
ISSN: 2078-2489
Other Identifiers: 10.3390/info12050181
Appears in Collections:Department of Applied Informatics

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