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Cloud Computing and Electronic Discovery

Author Harry Cendrowski , James P. Martin
Release Date: 2014/09/01
ISBN: 9781118764305
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Book Description

Explore the frontier of electronic discovery in the cloud

Cloud Computing and Electronic Discovery comprehensively covers the quickly-evolving realm of eDiscovery in cloud computing environments, a computing and legal frontier in which the rules and legal precedents are being developed anew seemingly by the day. The book delves into this fascinating and rapidly-developing topic to prepare fraud investigators, legal professionals, forensic accountants, and executives understand the ramifications of storing data with third party providers and how such storage mechanisms relate to the limits of discovery practices.

This up-to-date resource also includes a complete discussion of the few existing legal precedents and current cases that are shaping interpretation of discovery laws in the cloud space, a perfect overview for executives storing their companies' data in the cloud and the legal professionals tasked with understanding and interpreting the discovery rules surrounding that data. The book is comprehensive in scope and includes:

  • An overview of current trends in cloud computing, including potential information that should be considered in an investigation that involves data held by a cloud service provider
  • Updates on current and proposed laws governing discovery of information held by a third party cloud service provider
  • Updates on legal cases that address the issues of the Electronic Communication Privacy Act, the Federal law prohibiting release of information by a third party provider
  • Practical guidance on how to consider the availability of cloud data relevant to an investigation, and how to include this data in discovery plans

For business, accounting, and legal professionals, Cloud Computing and Electronic Discovery is an invaluable resource for understanding the nuanced development of cloud eDiscovery policies, practices, and law as they continue to unfold and develop.

Table of Contents

  1. PREFACE
    1. Notes
  2. ACKNOWLEDGMENTS
  3. SECTION ONE Cloud Computing: Basics of Technologies and Applications
    1. CHAPTER 1 Cloud Computing Definitions and Technical Considerations
      1. IaaS
      2. PaaS
      3. SaaS
      4. Considerations for Discovery
      5. Data Transfer Regulations
      6. Notes
    2. CHAPTER 2 The Proliferation of Data Available for Discovery
      1. An Example of Third-Party Data: Google Search Engine
      2. Consideration of Data Points in Discovery
      3. Creating an eDiscovery Plan in a Cloud-Based World
      4. Production of Cloud Data
      5. Notes
    3. CHAPTER 3 Cloud Migration and Planning for Retention
      1. Data Retention and the Cloud
      2. Considerations for Litigation
      3. Notes
  4. SECTION TWO Current Laws Affecting Discovery
    1. CHAPTER 4 Brief History of Privacy and Selected Electronic Surveillance Laws
      1. Communications Act of 1934
      2. Title III—Omnibus Crime Control and Safe Streets Act, 1968
      3. Advancements in Telephone System Technologies
      4. Electronic Communications Privacy Act of 1986
      5. Notes
    2. CHAPTER 5 Electronic Communications Privacy Act
      1. Title II—The Stored Communications Act
      2. §2703—Required Disclosure of Customer Communication or Records
      3. Backup Provisions
      4. Electronic Storage and the Ninth Circuit
      5. Pen Registers and Trap and Trace Devices
      6. Production Demands and the ECPA
      7. Notes
    3. CHAPTER 6 Proposed Legislative Changes and Future Laws
      1. Points for Improvement
      2. Congressional Action
      3. Notes
    4. CHAPTER 7 The Control Concept and Related Issues
      1. The Application of Rule 34(a)
      2. Rule 34(a) in Litigation
      3. Flagg—A Modern Day Approach
      4. Notes
    5. CHAPTER 8 Current Issues in Cloud Data
      1. Cell Tower Data and Location Information
      2. StingRay and Location Monitoring
      3. BYOD Policies and Data Ownership
      4. Notes
    6. CHAPTER 9 The Rise of Social Media and Its Role in Litigation
      1. Roots of Social Media
      2. Why, How, and When to Access Data on Social Media in Litigation
      3. Obligations to Preserve Evidence
      4. Accessing Social Media
      5. Using Social Media in Litigation
      6. Notes
  5. SECTION THREE Relevant Cases
    1. CHAPTER 10 Modern Case Analysis Shaping Litigation
      1. O’Grady v. Superior Court, 139 Cal.App.4th 1423 (2006)
      2. Krinsky v. Doe 6, 72 Cal.Rptr.3d 231 (2008)
      3. Flagg v. City of Detroit, 252 F.R.D. 346 (E.D. Mich 2008)
      4. Warshak v. United States, 631 F.3d 266 (6th Circ. 2010)
      5. Ehling v. Monmouth-Ocean Hospital, 872 F.Supp.2d 369 (D.N.J. 2012)
      6. Juror Number One v. California, 206 Cal.App. 4th 854 (2012)
      7. Summary of Cases
      8. Notes
    2. CHAPTER 11 Cloud Computing and Reasonable Expectations of Privacy: Fourth Amendment Concerns
      1. Ex Parte Jackson, 96 U.S. 727 (1877)
      2. Olmstead v. United States, 277 U.S. 438 (1928)
      3. Katz v. United States, 88 S.Ct. 507 (1967)
      4. United States v. Miller, 425 U.S. 435 (1976)
      5. United States v. Jacobsen, 466 U.S. 109 (1984)
      6. United States v. Jones, 132 S.Ct. 945 (2012)
      7. Summary of Cases
      8. Notes
    3. CHAPTER 12 Compelled Production of Cloud Computing Data: Fifth Amendment Concerns
      1. United States v. Doe, 465 U.S. 605 (1984)
      2. Doe v. United States, 487 U.S. 201 (1988)
      3. United States v. Hubbell, 530 U.S. 27 (2000)
      4. In re Boucher, 2009 WL 424718 (D. Vt. 2009)
      5. In re Grand Jury Subpoena Duces Tecum, March 25, 2011, 670 F.3d 1335 (11th Circ. 2011)
      6. Notes
  6. ABOUT THE CONTRIBUTORS
  7. ABOUT THE AUTHORS
  8. ABOUT THE COMPANION WEB SITE
  9. INDEX
  10. END USER LICENSE AGREEMENT