In recent years, cloud storage accounts have become a critical aspect of criminal investigations. Police may obtain warrants to require cloud storage service providers to give investigators access to accounts owned by criminal suspects. But can you face criminal prosecution for files that the police find in your cloud storage?
Understanding Cloud Storage and Data Ownership
Cloud storage refers to a type of internet-based service that allows users to access stored files from any internet-connected device. Rather than storing a file on the hard drive of a computer, tablet, or smartphone, cloud storage services enable users to save files to a cloud account and then retrieve, edit, or copy those files via a web browser or a mobile or desktop application. The files permanently reside on servers operated by third-party providers. Some of the most popular cloud storage services include Google Drive, iCloud, and Dropbox.
Legal Standards for Accessing Cloud Data
Courts have ruled that people have a reasonable expectation of privacy in cloud storage accounts, as they serve the same role as a physical hard drive. Because cloud storage accounts require usernames and passwords to access, a person would assume that no one else should access their account to see what files they stored in it. As a result, police need a warrant to access a cloud storage account, as the warrant can compel the cloud storage provider to give investigators access to the account’s data. Various laws, including the federal Electronic Communications Privacy Act and Stored Communications Act, govern law enforcement’s ability to access data in cloud storage accounts.
When Cloud Content Can Lead to Criminal Charges
Files that police find in a cloud storage account may lead to criminal charges associated with:
- Possession or distribution of child pornography
- Identity theft (files containing other parties’ personal identification or financial information)
- Hacking (based on the presence of malware programs or raw files from data dumps)
- Bank or insurance fraud
- Drug trafficking (including records of drug operations)
The law treats digital evidence stored in the cloud the same as data recovered from a physical electronic device, such as a computer or smartphone. Police may also need to use other data from a cloud storage account to support criminal charges, including metadata, IP logs, and upload dates to show that the defendant uploaded or accessed the files that gave rise to the criminal charges.
Defense Considerations and Challenges
When a criminal case rests on evidence found in a cloud storage account, some of the challenges and considerations that the defense must deal with include:
- Whether the prosecution can prove that the defendant owned or had access to the account, or knew about the files underpinning the criminal charges
- Presenting evidence of shared access to the account or hacking that compromised secure access to the account
- Identifying issues with the chain of custody of evidence or the integrity of data retrieved from a cloud storage account
An experienced defense lawyer can review the facts and circumstances of a case to identify potential legal strategies to challenge a search of a cloud storage account.
Contact a Criminal Defense Attorney Today
If the police have arrested you for a crime based on evidence they found in your cloud storage accounts, you need experienced legal counsel who understands the complex legal issues surrounding searches of internet-based data. Contact Frank & Juengel Law Group P.C. today for a confidential consultation with a criminal defense lawyer to discuss your legal options if the police have charged you with an offense based on the results of a search of your cloud storage.