Published in the book *Direito Processual da Propriedade Intelectual* (Intellectual Property Procedural Law)—edited by Georges Abboud and Pedro Marcos Nunes Barbosa—the article “The Seizure of Cloud-Stored Digital Evidence in Intellectual Property Crimes,” by Rodrigo Falk Fragoso and Christiano Fragoso, addresses current challenges regarding the seizure of digital evidence that exists not on physical media but with cloud storage providers in Brazil and abroad. In such cases, how should search and seizure operations be conducted in accordance with the law? The authors argue that the competent criminal judge should directly request the material evidence of the intellectual property crime—such as the source code of a suspected computer program—and other digital evidence necessary to establish the facts from the cloud storage provider, whether located in Brazil or overseas. This material must be submitted in a format compatible with the technological tools used by Brazilian forensic institutes to enable forensic analysis. There are many nuances and issues to consider on a case-by-case basis. With technical rigor and great detail, Rodrigo and Christiano Fragoso break down every stage of the process in their article, ranging from the filing of the criminal complaint to the various options for seizing criminal evidence, including electronic searches.
- Publisher: Revista dos Tribunais
- Edition: 1a (Maio de 2023)
- Year of publication: 2023
- Number of pages: 460
