If in certain litigations and investigations, the actual cloud application or environment itself is relevant to resolving the dispute in the litigation or investigation, how is the information likely to be obtained?
If in certain litigations and investigations, the actual cloud application or environment itself is relevant to resolving the dispute in the litigation or investigation, how is the information likely to be obtained?
If the actual cloud application or environment is relevant to resolving a dispute in litigation or investigation, the information is likely to be obtained through a subpoena of the provider directly. In such cases, the cloud service provider could be compelled by legal order to provide the necessary information or access to the cloud application or environment. This reflects the legal process of obtaining information from entities that are not directly under the control of the disputing parties, particularly when the data is hosted by a third-party cloud service provider.
From the Security Guidance document: On occasion, an actual cloud application or environment could itself be relevant to resolving a dispute. In these circumstances, the application and environment will likely be outside the control of the client and require that a subpoena or other discovery process be served on the provider directly.
Correct Answer is Option A Reference: 3.1.3.2 Relevant Cloud Applications and Environment On occasion, an actual cloud application or environment could itself be relevant to resolving a dispute. In these circumstances, the application and environment will likely be outside the control of the client and require that a subpoena or other discovery process be served on the provider directly.
Should be A, unless the provider is headquartered in a rogue state in which case it requires a declaration of war
If the actual cloud application or environment is relevant to resolving a dispute in litigation or investigation, the information is likely to be obtained through: A. It may require a subpoena of the provider directly. In such cases, if the information stored or hosted in the cloud is necessary for the litigation or investigation, the party involved may need to issue a subpoena to the cloud service provider (CSP). A subpoena is a legal order that requires the CSP to provide the requested information or access to the cloud application or environment. It's important to note that the specific legal processes and requirements for obtaining information from a cloud provider may vary depending on the jurisdiction and applicable laws. Consulting legal professionals familiar with the jurisdiction and the relevant legal processes is crucial in such situations.
Page 52 - 3.1.3.11 Response to a Subpoena or Search Warrant Should a cloud service provider receive, from a third party, a request to provide information; this may be in the form of a subpoena, a warrant, or a court order in which access to the client data is Security Guidance v4.0 © Copyright 2021, Cloud Security Alliance. All rights reserved 53 demanded. The client may want to have the ability to fight the request for access in order to protect the confidentiality of their data. To this end, the cloud service agreement should require the cloud service provider to notify the customer that a subpoena was received and give the company time to fight the request for access.