Using a local search warrant to acquire evidence stored overseas via the internet

Abstract

This paper argues that a search warrant issued by a local court does not have the power to search and seize digital evidence stored overseas but accessible via the Internet. Based on the fact that digital evidence can be altered or erased in a very short time, two scenarios are presented to illustrate the lack of power of a local search warrant to acquire digital evidence overseas. Two solutions are presented to overcome the shortcomings of a local search warrant. These solutions can assist law enforcement agencies around the world in searching and seizing digital evidence stored overseas with speed and accuracy, and in addressing court challenges regarding the admissibility and potential illegality of this evidence. © 2010 International Federation for Information Processing.