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Cloud Computing and Electronic Discovery
James P. Martin (Author), Harry Cendrowski (Author)
9781118764305, Wiley
Hardback, published 21 October 2014
208 pages
23.6 x 16 x 2.1 cm, 0.386 kg
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: 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.
Preface xi Acknowledgments xiii Section One—Cloud Computing: Basics of Technologies and Applications 1 Chapter 1 Cloud Computing Definitions and Technical Considerations 3 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 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 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 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 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 Points for Improvement 76 Congressional Action 77 Notes 78 Chapter 7 The Control Concept and Related Issues 79 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 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 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 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 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 (1967) 159 United States v. Miller, 425 U.S. 435 (1976) 160 United States v. Jacobsen, 466 U.S. 109 (1984) 163 United States v. Jones, 132 S.Ct. 945 (2012) 165 Summary of Cases 166 Notes 169 Chapter 12 Compelled Production of Cloud Computing Data: Fifth Amendment Concerns 171 United States v. Doe, 465 U.S. 605 (1984) 172 Doe v. United States, 487 U.S. 201 (1988) 174 United States v. Hubbell, 530 U.S. 27 (2000) 176 In re Boucher, 2009 WL 424718 (D. Vt. 2009) 178 In re Grand Jury Subpoena Duces Tecum, March 25, 2011, 670 F.3d 1335 (11th Circ. 2011) 180 Notes 183 About the Contributors 185 About the Authors 187 About the Companion Website 189 Index 191
Christopher Thieda
James P. Martin and Harry Cendrowski
James P. Martin and Harry Cendrowski
James P. Martin and Harry Cendrowski
James P. Martin and Harry Cendrowski
James P. Martin
Matthew P. Breuer and James Martin
James P. Martin and Matthew P. Breuer
Sarah Marmor and Deirdre Fox
Matthew P. Breuer and James P. Martin
Matthew P. Breuer and James P. Martin
Matthew P. Breuer and James P. Martin
Subject Areas: Ethical & social aspects of IT [UBJ]
