Cloud Computing and Electronic Discovery

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.

List of contents

PREFACE xi
 
ACKNOWLEDGMENTS xiii
 
SECTION ONE--Cloud Computing: Basics of Technologies and Applications 1
 
CHAPTER 1 Cloud Computing Defi nitions and Technical Considerations 3
Christopher Thieda
 
IaaS 5
 
PaaS 9
 
SaaS 10
 
Considerations for Discovery 10
 
Data Transfer Regulations 12
 
Notes 15
 
CHAPTER 2 The Proliferation of Data Available for Discovery 17
James P. Martin and Harry Cendrowski
 
An Example of Third?]Party Data: Google Search Engine 19
 
Consideration of Data Points in Discovery 21
 
Creating an eDiscovery Plan in a Cloud?]Based World 25
 
Production of Cloud Data 27
 
Notes 28
 
CHAPTER 3 Cloud Migration and Planning for Retention 29
James P. Martin and Harry Cendrowski
 
Data Retention and the Cloud 29
 
Considerations for Litigation 34
 
Notes 36
 
SECTION TWO--Current Laws Affecting Discovery 37
 
CHAPTER 4 Brief History of Privacy and Selected Electronic Surveillance Laws 39
James P. Martin and Harry Cendrowski
 
Communications Act of 1934 40
 
Title III--Omnibus Crime Control and Safe Streets Act, 1968 42
 
Advancements in Telephone System Technologies 45
 
Electronic Communications Privacy Act of 1986 47
 
Notes 53
 
CHAPTER 5 Electronic Communications Privacy Act 55
James P. Martin and Harry Cendrowski
 
Title II--The Stored Communications Act 57
 

2703--Required Disclosure of Customer Communication or Records 61
 
Backup Provisions 66
 
Electronic Storage and the Ninth Circuit 66
 
Pen Registers and Trap and Trace Devices 68
 
Production Demands and the ECPA 71
 
Notes 73
 
CHAPTER 6 Proposed Legislative Changes and Future Laws 75
James P. Martin
 
Points for Improvement 76
 
Congressional Action 77
 
Notes 78
 
CHAPTER 7 The Control Concept and Related Issues 79
Matthew P. Breuer and James Martin
 
The Application of Rule 34(a) 79
 
Rule 34(a) in Litigation 81
 
Flagg--A Modern Day Approach 86
 
Notes 88
 
CHAPTER 8 Current Issues in Cloud Data 91
James P. Martin and Matthew P. Breuer
 
Cell Tower Data and Location Information 91
 
StingRay and Location Monitoring 97
 
BYOD Policies and Data Ownership 100
 
Notes 102
 
CHAPTER 9 The Rise of Social Media and Its Role in Litigation 105
Sarah Marmor and Deirdre Fox
 
Roots of Social Media 105
 
Why, How, and When to Access Data on Social Media in Litigation 106
Obligations to Preserve Evidence 107
 
Accessing Social Media 108
 
Using Social Media in Litigation 115
 
Notes 120
 
SECTION THREE--Relevant Cases 131
 
CHAPTER 10 Modern Case Analysis Shaping Litigation 133
Matthew P. Breuer and James P. Martin
 
O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006) 133
 
Krinsky v. Doe 6, 72 Cal.Rptr.3d 231 (2008) 136
 
Flagg v. City of Detroit, 252 F.R.D. 346 (E.D. Mich 2008) 138
 
Warshak v. U.S., 631 F.3d 266 (6th Circ. 2010) 143
 
Ehling v. Monmouth-Ocean Hospital, 872
 
F.Supp.2d 369 (D.N.J. 2012) 146
 
Juror Number One v. California, 206 Cal.App. 4th 854 (2012) 148
 
Summary of Cases 150
 
Notes 153
 
CHAPTER 11 Cloud Computing and Reasonable Expectations of Privacy: Fourth Amendment Concerns 155
Matthew P. Breuer and James P. Martin
 
Ex Parte Jackson, 96 U.S. 727 (1877) 156
 
Olmstead v. United States, 277 U.S. 438 (1928) 158
 
Katz v. United States, 88 S.Ct. 507

About the author

JAMES P. MARTIN, CMA, CIA, CFE, is Managing Director at Cendrowski Corporate Advisors. HARRY CENDROWSKI, CPA, ABV, CGMA, CFF, CFE, CVA, CFD, MAFF, is President of Cendrowski Corporate Advisors and a frequent speaker on forensic accounting and litigation. MARTIN and CENDROWSKI are the coauthors of the Handbook of Fraud Deterrence and Private Equity, Second Edition from Wiley and the coauthors of the industry newsletters The Fraud Files and Corporate Governance Edition.

Summary

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.

Product details

• Authors: Harry Cendrowski, MARTIN, James Martin, James P Martin, James P. Martin, James P. Cendrowski Martin, Jp Martin
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Hardback
• Released: 21.10.2014
• EAN: 9781118764305
• ISBN: 978-1-118-76430-5
• No. of pages: 208
• Series: Wiley CIO; Wiley CIO
• Subjects: Natural sciences, medicine, IT, technology > IT, data processing > Miscellaneous; Social sciences, law, business > Law > Criminal law, criminal procedural law, criminology