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.

Table of Contents

SECTION ONE—Cloud Computing: Basics of Technologies and Applications
CHAPTER 1 Cloud Computing Definitions and Technical Considerations
CHAPTER 2 The Proliferation of Data Available for Discovery
CHAPTER 3 Cloud Migration and Planning for Retention

SECTION TWO—Current Laws Affecting Discovery
CHAPTER 4 Brief History of Privacy and Selected Electronic Surveillance Laws
CHAPTER 5 Electronic Communications Privacy Act
CHAPTER 6 Proposed Legislative Changes and Future Laws
CHAPTER 7 The Control Concept and Related Issues
CHAPTER 8 Current Issues in Cloud Data
CHAPTER 9 The Rise of Social Media and Its Role in Litigation

SECTION THREE—Relevant Cases
CHAPTER 10 Modern Case Analysis Shaping Litigation
CHAPTER 11 Cloud Computing and Reasonable Expectations of Privacy: Fourth Amendment Concerns
CHAPTER 12 Compelled Production of Cloud Computing Data: Fifth Amendment Concerns