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19 Rich. J.L. & Tech. 1 (2012-2013)

handle is hein.journals/jolt19 and id is 1 raw text is: Richmond Journal of Law & Technology FORENSIC COLLECTION OF ELECTRONIC EVIDENCE FROM INFRASTRUCTURE-AS-A-SERVICE CLOUD COMPUTING Josiah Dykstra* Damien Riehl** I. INTRODUCTION [1] As cloud computing becomes ubiquitous, the criminal targeting and criminal use of cloud computing is inevitable and imminent. Similarly, the need for civil forensic analyses of cloud computing has become more prevalent. Forensic investigation of cloud computing matters first requires an understanding of the technology and issues associated with the collection of electronically stored information (ESI) in the cloud. The misuse of the broad term cloud computing has caused some confusion and misinformation among legal and technology scholars, leading to a muddied and incomplete analysis of cloud-based discovery issues. Cases and academic analyses have dealt primarily with popular online services such as Gmail and Facebook, but they omit discussions of commercial cloud computing providers' fundamental infrastructure offerings. Even worse, legal analysis about electronic discovery is PhD., Computer Science, University of Maryland, Baltimore County, expected 2013; M.S., Information Assurance, Iowa State University, 2004; B.S., Computer Science, Hope College, 2002; B.A., Music, Hope College, 2002. Thanks to Mark Rasch, Alan T. Sherman, Simson Garfinkel, Daniel Dykstra, and Donald Flynn who read prior versions of this Essay and provided helpful comments. * Attorney with Robins, Kaplan, Miller & Ciresi L.L.P., practicing in business litigation and intellectual property litigation, focusing on cases involving technology. The opinions expressed here are those of the authors; they do not necessarily reflect the views of the firm or its clients. This article is for general information purposes and is not intended to be and should not be taken as legal advice. See infra Part II.A. Volume XIX, Issue 1

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