Not an Ocean Away, Only a Moment A , Only a Moment Away: A Prosecutor's Primer for Obtaining Remotely Stored Data
Date
2021
Journal Title
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Publisher
Mitchell Hamline Law Review
Abstract
Digital evidence exists in almost every criminal case and provides
unparalleled corroborative utility, particularly for crimes often committed
in secret, such as child exploitation. This evidence is increasingly stored
remotely on servers across state lines, around the globe, and beyond.
It is
therefore critical for prosecutors and law enforcement to develop an
understanding of the pertinent domestic and international legal
considerations for obtaining remotely stored data.
This Article provides an overview of the Stored Communications
Act (SCA), the trajectory of Fourth Amendment jurisprudence since the
SCA’s passage, relevant provisions of the Clarifying Lawful Overseas Use of
Data (CLOUD) Act, and bilateral agreements following the enactment of
the CLOUD Act. This Article uses real-life scenarios that prosecutors and
law enforcement face to explore the potential pitfalls of accessing remotely
stored data and proposes possible solutions to those problems. Examples
include practices for obtaining domestically stored data, obtaining
internationally stored data via the CLOUD Act agreement or mutual legal
assistance treaty (MLAT), obtaining internationally stored data in the
absence of the CLOUD Act agreements or MLATs, and obtaining data
stored in extraterrestrial locations.
Description
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Keywords
prosecution, stored data, law, evidence, child sexual abuse, digital evidence, coroboration
Citation
Peters, R. J., Loy, A. D., Osteen, M., Remy, J., & Fitzsimmons, J. (2021). Not an Ocean Away, Only a Moment Away: A Prosecutor's Primer for Obtaining Remotely Stored Data. Mitchell Hamline Law Review, 47(3), 6.