클라우드 컴퓨팅 환경에서의 전자적 증거압수·수색에 대한 고찰

With a growing adoption of cloud computing service, law enforcement may encountervarious problem to access and obtain digital data held on computer systems.This article introduces how to obtain digital evidence from cloud computing using thelegal process in the existing statues applicable to cloud forensics. This article alsoconsiders various legal challenges for law enforcement in a cloud computingenvironment and discusses questions raised by the exercise of law enforcement. It arguesthe need for a new solution, a new set of procedural rules to regulate the acquisitionof digital evidence in cloud computing service. First this article suggests the existing single-step searches common to the collection oftraditional physical evidence to be replaced by two-step search process with digital datasearches. The two-step search process is divided into physical search and electronicsearch. An attempt to fit the single-step framework of existing law into this two-stepframework of the new era of computer searches will trigger various questions. Obtaining a search warrant authorizing the search and seizure of digital data fromcloud computing environments raises many critical issues. A search warrant should notbe a “general” warrant authorizing “fishing expeditions” into anything. A generalwarrant lacks a sufficiently particularized description of the person or thing to be seizedor the place to be searched. General warrants are unlawful because they do not meetthe specificity of the particularity. In instances where the search warrant is general,Searches and Seizures should be regarded as warrantless. But Complying withParticularity requirement in the cloud-based search and seizure is very strict. ThisParticularity requirement presents various issues for cloud-based search and seizure. The location independent nature of cloud computing clearly counters this requirement. In addition to physical location, pinpointing the data to be searched is also problematic. If a digital data is obtained in breach of legal rules, that evidence is not to be admittedunless the desirability of admitting the evidence outweighs the undesirability ofadmitting the manner in which it was obtained. Lastly this article addresses the question of whether the Right to remain silentprevents the law enforcement from forcing the suspect to provide a password or anencryption key to permit access to digital files on cloud computing services.