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Netherlands Forensics

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(@clanmacarms)
Posts: 15
Active Member
Topic starter
 

Thanks for the help.

 
Posted : 03/02/2013 12:16 am
(@armresl)
Posts: 1011
Noble Member
 

So technically the email is globally stored?

You are hearing that it's against Netherlands law, but can't find anything?

I believe you'll find the email isn't globally stored, and for sure I would not base something so important on "you are hearing" if you have looked and can't find anything which tells you the laws.

 
Posted : 03/02/2013 11:26 am
(@joachimm)
Posts: 181
Estimable Member
 

Check with a local lawyer.

Your case description is far to vague to say anything useful about it.

 
Posted : 03/02/2013 3:18 pm
(@clanmacarms)
Posts: 15
Active Member
Topic starter
 

Thanks for the help.

 
Posted : 03/02/2013 6:59 pm
(@joachimm)
Posts: 181
Estimable Member
 

gmail is stored globally but officially google wont say the exact locations even with an nda signed.

As for details of the case its a company policy investigation that could turn criminal.

The location of the data is of little concern in contrast of the location of the person/alleged crime. I assume you are investigating the actions of an individual (contents of the email) not the raw data.

So this is definitely something you want to talk to an NL lawyer with first. Did you check with your company lawyers yet?

With criminal cases make sure that the investigation occurs correct according to laws in the jurisdiction and you are not breaking any laws yourself in the process. There are laws in NL concerning investigating individuals even within a company. You might want to check with a local private investigator or organization first.

Some questions to think about
* on which jurisdiction did the alleged crime occur?
* where is the company based?
* is the user traveling or based in the NL?
* what is the nationality of the user?
* what company policies are in place?
etc.

 
Posted : 03/02/2013 9:36 pm
(@clanmacarms)
Posts: 15
Active Member
Topic starter
 

Thanks for the help.

 
Posted : 03/02/2013 10:19 pm
(@mscotgrove)
Posts: 938
Prominent Member
 

There have been discussions (I think in this group) about doing forensic investigations IN USA. The issue was that in some states you had to be a licenced PI, for which amongst other things, you need to know all about gun law etc.

I am not aware of any such restrictions in UK, other than maybe data protection, and the right to access the data.

 
Posted : 03/02/2013 10:41 pm
(@joachimm)
Posts: 181
Estimable Member
 

Can someone in the US do forensics on a computer hosted in the Netherlands?

If you read my previous answers with care you would know by now there is no simple answer to this question.

Yes if the forensics are not focused on the actions of an individual (in terms of data e.g. email) but on a corporate asset e.g. malware infection (assuming the legal context is there).

No if it concerns actions of an individual in the country, then local laws apply and you have to make sure you're authorized to do so.

Maybe if the crime did happen in country X but the individual is in country Y (check with a lawyer).

The details of the case have no merit to this post, just the question.

Check with a laywer.

As for the gmail twist. IF you have to be physically sitting in the netherlands to do forensic work, how does the law effect data that is stored globally in the cloud by a US company like google?

Try answering the question
Is an international service provider like Google, in e.g. NL, a US legal entity or an NL legal entity?

Maybe some relevant info
http//www.surfsites.nl/cloud/download/Cloud_Computing_Patriot_Act_2012_EN.pdf

 
Posted : 03/02/2013 10:43 pm
(@joachimm)
Posts: 181
Estimable Member
 

Thanks for the help.

Last edited by clanmacarms on Sun Feb 03, 2013 713 pm; edited 1 time in total.

Why are you completely changing your posts? What lame actions are this?

 
Posted : 04/02/2013 11:05 am
jaclaz
(@jaclaz)
Posts: 5133
Illustrious Member
 

What lame actions are this?

Besides "lameness", since most of the original posts were quoted by the good joachimm in his replies, and as such still remain visible, I wonder about the effectiveness…. wink

jaclaz

 
Posted : 04/02/2013 4:56 pm
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