Cloud can complicate discovery.

PositionE-DISCOVERY

As the cloud grows, so does the number of places where individuals and corporations can store information that may be discoverable. Dropbox and Google Drive, both of which provide cloud storage, are reportedly two of the most popular free applications downloaded on Apple and Android devices.

A subpoena sent directly to one of these application providers will likely meet a motion to quash based on Title II of the Electronic Communications Privacy Act (also known as the Stored Communications Act or SCA). In "Discovery Difficulties Presented by Cloud Computing" in The National Law Review, J. Michael Nolan III, of Jackson Lewis PC, cited Crispin v. Christian Augigier Inc., in which "the court found ... that the SCA was passed by Congress to prohibit electronic communication service providers, such as Facebook and Myspace, from revealing the contents of communications electronically stored to anyone other than the addressee or other intended recipient." The better option may be to subpoena the plaintiff or defendant app user to obtain electronically stored information in the cloud

Nolan also wrote that in the ongoing case of Integral Development...

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