The dilemma of the location of digital evidence
The dilemma of the location of digital evidence

Summary/Abstract: Determining the legally relevant location of digital evidence requires an analysis of the technical and legal aspects of obtaining such evidence by law enforcement. The problem relates to the complexity of determining the location of digital evidence, especially in the case of cloud storage, where data is often stored in various locations worldwide. The associated uncertainty regarding the location of digital evidence poses a significant legal challenge in cross-border evidence collection. This article acknowledges that the technical location of digital evidence is tied to the physical location of the storage unit. However, it also explores alternative ways to define the location of digital evidence based on existing regulations for cross-border collection of digital evidence. The problem of the location of digital evidence is analysed from the perspective of the concept of territorial jurisdiction in the digital age.

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