Comment Criminal Matter--Unclear Access (Score 2) 592
This raises an interesting issue. Since this appears a criminal investigation, related parties are unlikely to easily gain access to the materials. For example, in a drug seizure context, the government basically assumes 'too bad' or complicity for related parties/owners (think seizure of an auto or house allegedly implicated in drug crimes). Understandably, technologists see a significant distinction. Unfortunately, the law lags 5-10 years behind reality so while these issues are obvious to most technologists, these issues might not even be comprehensible to some in the legal community. That said, when you are dealing with 1) data servers (often remotely hosted), 2) massive amounts of data potentially unrelated to the criminal investigation, 3) potentially easily segregated, electronic, data silos (in other words, each user has its own dedicated, protected area), and 4) a collective environment, the analogy to auto seizures seems to obviously break-down (more like the seizure of an entire 500 unit apartment building because someone sold crack in #203). Thus, one would presume the affected parties (assuming no complicity--which the government probably will argue is uncertain) would need to challenge the seizures in a court with jurisdiction--which raises its own complexities and costs (plus predicate issues of standing to sue). But, note, there is perhaps another serious issue here related to additional liability. When the servers are seized, the current astounding breadth of government review of the materials seized might implicate others in crimes.
The situations is a not-unexpected conundrum (for some of us), and one that you probably won't find featured in your shiny, cloud-computing-will-save-the-world marketing brochures.