I’d like to write about something that I briefly mentioned during our presentation but, due to time constraints, was unable to get into too much detail about: jurisdiction. As I stated in our presentation, jurisdiction refers to the power of a law enforcement agency or court to investigate or hear a case. This can be from either geographic location or subject matter. Unfortunately for law enforcement, the Internet doesn’t have a specific geographic location, or a specific subject matter. Now another complicating factor has entered the mix: cloud computing.
Cloud computing is, basically, computer software and services available over the Internet. A “cloud” can allow people or companies to access software online instead of having the software on each computer or device. This can save a lot of money and effort. However, when it comes to law enforcement, a problem arises. In civil cases, a defendant may be required to produce documents under its “custody and control.” But in a “cloud,” who maintains custody and control of documents? The company can certainly claim that the documents are no longer in their custody or control, as they are stored on the servers of another company. Would that company then need to be included in the lawsuit in order to gain access to the original documents?
Then there’s the issue of geographic jurisdiction. Some countries have very strict privacy laws, such that releasing banking documents can be punishable as a criminal act. Could a company escape criminal or civil liability in the U.S. by simply using a cloud-computing provider located in one such country? Cloud computing is a relatively new technological innovation, so it’s not yet in wide use. But more and more countries are realizing the money-saving capabilities of the cloud. Whether or not the cloud will make it easier for unscrupulous companies to take advantage of the gray areas in the law has yet to be seen.