CLOUD Act; from Function to its Achievements and Defections in Extraterritorial Criminal Investigations in Database of Technology Companies

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SALEHI JAVAD

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2020 | Volume:84 | Issue:111 Page(s): 147-172

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Title

CLOUD Act; from Function to its Achievements and Defections in Extraterritorial Criminal Investigations in Database of Technology Companies

Author(s)

SALEHI JAVAD | Issue Writer Certificate

Keywords

United States CLOUD ActQ1

Data of Cloud Computing UserQ1

Overseas Criminal InvestigationsQ1

Restrictions on the Principle of Territorial SovereigntyQ1

Principle of Prohibition of Intervention in Foreign State AffairsQ1

Abstract

Overseas Criminal Investigations in Cloud Computing and its data users face limitations stemming from the principle of territorial sovereignty and the principle of non-interference in foreign state affairs. But the United States is trying to pass these restrictions on domestic law by passing and enforcing CLOUD Act after failing in Microsoft case. This is an experience that its achievements are facing other countries in order to avoid its negative dimensions. So Investigating the legal aspects of CLOUD Act, from function to its achievements and defections in Overseas Criminal Investigations into cloud of technology companies, is the subject and purpose of this paper, which has been dealt with in a descriptive analytical and critical approach. Main research question is, what is the function and achievements of CLOUD Act in the criminal justice system of the United States and other states in conducting Overseas Criminal Investigations in Cloud Computing and its defections? Research findings indicate that the CLOUD Act nevertheless directs the United States to its primary goal of accessing the stored data of the Cloud user in data center overseas. But access to Data of Cloud Computing User in these circumstances is also affected by the disregard of the restrictions arising from the principle of territorial sovereignty and the principle of non-interference in foreign state affairs, which this time was justified in the domestic law stature but not permitted and accepted due to a violation of Cloud Computing user privacy restrictions.

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APA: Copy

SALEHI, JAVAD. (2020). CLOUD Act; from Function to its Achievements and Defections in Extraterritorial Criminal Investigations in Database of Technology Companies. THE JUDICIARY’S LAW JOURNAL, 84(111 ), 147-172. SID. https://sid.ir/paper/387982/en

Vancouver: Copy

SALEHI JAVAD. CLOUD Act; from Function to its Achievements and Defections in Extraterritorial Criminal Investigations in Database of Technology Companies. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;84(111 ):147-172. Available from: https://sid.ir/paper/387982/en

IEEE: Copy

JAVAD SALEHI, “CLOUD Act; from Function to its Achievements and Defections in Extraterritorial Criminal Investigations in Database of Technology Companies,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 111 , pp. 147–172, 2020, [Online]. Available: https://sid.ir/paper/387982/en

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