The data-driven approach: Drafting cloud search warrants around the data providers actually keep
Brief
By Justin Fitzsimmons
Key insights
Rather than requesting “any and all” account data, investigators should first determine what data a provider actually stores, where it resides, and why it is relevant to the case. This data-driven approach improves particularity, supports probable cause, and aligns legal process with how cloud services actually work.
Privacy policies, terms of service, law enforcement guides, retention disclosures, and user data export tools can help identify what data may exist and how it is created and stored. These provider disclosures offer a defensible roadmap for drafting targeted, technically accurate warrant requests.
Investigators should focus on proving who controlled an account when relevant activity occurred.
