Out of interest I was wondering what everyone's view was on jurisdiction for cloud or remote based services.
For example, I understand if both parties were in the U.K. or any "friendly" country chances are you can get a warrant to see the details on the server, or the local artefacts left behind.
However, what if the server was say in Israel, and they utilised a VNC client to view the data remotely ? Just an interesting point a few of my friends once debated and did not come to a conclusion over, after all if nothing major is left locally how do you prove someone has say, been looking at illegal images?
I think a lot currently has to do with the Country.
A couple of years ago I had a case where a lady had unauthorized debits from her checking account. After filing a Subpoena I found out the offender had made the purchase by accessing a proxy server in China. At that point I was lost. My Chinese is a bit rusty.
Several months back I was contacted by a Detective in Florida requesting a forensic interview of a local kid that had been solicited on a website called weeworld. I’ve never verified this, but I was told that weeworld is based in Scotland and that they had retained the chat logs and kicked this one offender off their system over twenty times.
I’ve wondered several times how UK based law enforcement get’s information from Facebook and other sites. I assume that since Facebook operates in the UK that they have some sort of legal process to release documents? If we start looking at 18 USC 2703 it talks about Government entities, but would any part of the law apply to foreign government entities?
This might be getting deep into what you mentioned, but I wonder what experiences InterPol has had in regard to this issue? Could this not also be an issue for the UN to take up at some point? Maybe I’m wrong, but I don’t see more than maybe twenty Country’s being “tech savvy” and having a good grasp on this problem.
Well this is the heart of the problem that I think we're going to hit, only certain countries will co-operate and if it's an un-cooperative country then there's no chance of progressing cases.
Of course once criminals know these limitations they'll exploit them more and more causing a vast decline in prosecution rates.