Digital Evidence from the Internet and the Cloud

Abstract

In the modern world, the use of ICT communication technologies has become an integral part of life. ICT Infrastructure is the bearer of digital traces of overall legitimate and illegal activities that are through it an unavoidable source of digital evidence. However, in order to prove something, it must also obtain the law as envisaged by the law of an authorized person. The legal norm thus defined is not a problem in the analog world, but it is a big problem when it comes to the virtual world. Namely, the virtual infrastructure, especially the Internet and the new challenges that the cloud architecture brings to us, because of its physical positioning outside the state borders, questions the legality of search and collection. Within this paper, the legal bases for handling the virtual space at the international level are analyzed, such as Council of Europe Cybercrime Convention, the US CLOUD Act, Australian Decryption Bill and GDPR. The article's intent is to support decision-makers in taking clear national positions regarding the aforementioned legal norms and their mutual interaction. The paper compares the legal consequences of such behavior and the acceptability of such digital evidence collected and possible violation of the privacy of legal and natural persons!