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by mewse-hn 588 days ago
That metaphor doesn't seem directly applicable to cutting off cloud access.

If we're trying for a metaphor that would be a similar situation pre-digitization, the cloud servers containing business documents could be considered head office, and the office being raided would be the branch office. The branch office would continually be communicating with head office for their operations, and that communication would be shut down during the raid.

This isn't a great metaphor because the "head office" has become sort of stateless and ephemeral with digitization, but that's part of the interesting question the OP was posing, how does law enforcement collect evidence when that evidence is hosted on cloud servers in nebulous datacenters?

1 comments

By creating a law for seizing the IT system of a company. “Provide everything”, and if we later find that any other document existed back at that time, then it’s contempt of court.
In the US such a law would likely be declared unconstitutional by the fifth amendment due to being overly broad:

“””

United States v. Bridges, 344 F.3d 1010 (9th Cir. 2003)

There was probable cause to search the defendant’s office based on the information in the application that documented his efforts to provide illegal tax advice to various clients, including undercover agents. The search warrant in this case, however, was overly broad. It listed, among the items to be seized, “All records . . . documents . . . computer hardware and software . . .” Though this list was detailed, it was too expansive. There was simply no boundary to what could be seized. In addition, the warrant did not specify the crimes that were the subject of the search (nor did the warrant incorporate the application) so there was no limitation in that manner. Though the application was detailed, the warrant was not. All evidence should have been suppressed. (No discussion of Leon).

“””

https://casetext.com/analysis/search-and-seizure-particulari...

What about if you're within 100 miles of a border?
>By creating a law for seizing the IT system of a company

There's already "a law for seizing the IT system of a company", it's called discovery or a subpoena.