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25 Tul. J. Int'l & Comp. L. 303 (2016-2017)
The Dangers of Sharing Cloud Storage: The Privacy Violations Suffered by Innocent Cloud Users during the Course of Criminal Investigations in Canada and the United States

handle is hein.journals/tulicl25 and id is 323 raw text is: TULANE JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW VOLUME 25 SPRING 2017 No. 2 The Dangers of Sharing Cloud Storage: The Privacy Violations Suffered by Innocent Cloud Users During the Course of Criminal Investigations in Canada and the United States Sarit K. Mizrahi* Cloud computig is generally favored for its provision of flexible on demand computiig services. This is rendered possible by its multi-tenant and elastic properies based on which vaious virtual resources, all hosted on the same physical machine and allocated based on demand are shared among numerous users unknown to one another Within public clouds, this infrastructure exposes users to the risk of having their data stored alongside that of crnimals using the cloud to store information relatng to their illegal activities. As such, when law enforcement officers use digital forensics to search and seize data regarding cnminal activity from servers that host public clouds, they may incidentally access the data ofinnocent cloud users in the process because there is no segregation between innocent users'information and that ofthe individual being investigated Using a comparative methodology this Article argues that while neither United States nor Canadian law serves to provide a sufficient degree of protection to the private data of innocent cloud users dumig cloud computing forensic investrgations, safeguards offered in the United States to this effect are somewhat more accentuated than those extended by its Canadian counterpart This is achieved by fist outming the privacy violations thatinnocent cloud users may be subject to throughout cloud crminal investigations, and then proceeding to examine the manner that the laws applicable to searches and seizures in each of these junisdictions ifluence these incidental privacy breaches. I. INTRODUCTION ........................................ 304 II. THE ROLE OF CLOUD SERVICE PROVIDERS IN THE SEARCH AND SEIZURE OF EVIDENCE IN THE CLOUD: GUARDING USER PRIVACY VS. ASSISTING LAW ENFORCEMENT. ................ 308 * C 2017 Sarit K. Mizrahi. LL.B., J.D., & LL.M. in Information Technology Law (University of Montreal); Ph.D. Candidate in Law and Technology (University of Ottawa); member of the Barreau du Qubec; recipient of the Prix Henri Capitant 2014 for best Master's thesis; recipient of the Joseph-Armand Bombardier CGS Scholarship. I would like to thank Professor Elizabeth Judge for her insightful and helpful comments, as well as the members of the Tulane Journal ofInternational and Comparative Lawfor their effort in editing my Article. 303

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