tag:blogger.com,1999:blog-72451538237113588302024-03-08T08:31:25.895-05:00CF InformerHelping to educate legal professionals, e-Discovery teams, and forensicators through the presentation of a custom blend of legal and tech.Unknownnoreply@blogger.comBlogger33125tag:blogger.com,1999:blog-7245153823711358830.post-8639946576206591232011-08-15T14:09:00.000-04:002011-08-15T14:09:34.186-04:00Understanding e-Discovery Data Types and Collection CostsAbout two years ago, I discovered this article on the different types of electronic discovery & forensic collections and associated costs. I recently referred a client to this article and wanted to share it with those who may not have come across it. Corporate Technology Counsel for Fios, Mary Mack, is the author of the book, <i>A Process of Illumination: The Practical Guide to Electronic Discovery." </i><a href="http://blogs.findlaw.com/technologist/2009/04/understanding-e-discovery-data-types-and-collection-costs.html">This excerpt</a> from her book was posted at the FindLaw blog. Great read that puts into perspective the different types of collections, and it also clarified some of the jargon used among e-discovery and forensics professionals.<br />
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<a href="http://blogs.findlaw.com/technologist/2009/04/understanding-e-discovery-data-types-and-collection-costs.html">Read More</a><em></em><br />
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-41742739185072479982011-07-20T13:31:00.000-04:002011-07-20T13:31:22.434-04:00‘Nuff Said on Imagining a LaptopThe <a href="http://bowtielaw.wordpress.com/">Bow Tie Law blog</a> blogged about a case involving the issue of self-collection (and targeted collection) vs. the complete forensic imaging of a laptop. In this concise article, many very relevant issues are touched including naming a few targeted collection tools. This is a great read for attorneys and forensics guys, especially ones who believe that a complete forensic image is the only way.<br />
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<a href="http://bowtielaw.wordpress.com/2011/07/19/%E2%80%98nuff-said-on-imagining-a-laptop/">Read more...</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-71864773173125758852011-07-13T15:03:00.000-04:002011-07-13T15:03:30.400-04:00Congress Tries To Hide Massive Data Retention Law By Pretending It's An Anti-Child Porn LawMark Masnik at the <a href="http://www.techdirt.com/">Techdirt</a> blog shares his thoughts on the <a href="http://www.govtrack.us/congress/billtext.xpd?bill=h112-1981" target="_blank">Protecting Children from Internet Pornographers Act of 2011</a>. His article explains the burden imposed on online service providers to maintain records.<br />
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Read more...<a href="http://www.techdirt.com/articles/20110707/04402514995/congress-tries-to-hide-massive-data-retention-law-pretending-its-anti-child-porn-law.shtml">http://www.techdirt.com/articles/20110707/04402514995/congress-tries-to-hide-massive-data-retention-law-pretending-its-anti-child-porn-law.shtml</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-6963959413945785962011-06-01T13:11:00.000-04:002011-06-01T13:11:49.243-04:00More breach consideration regarding law firmsThe Ride the Lightning blog poses a thoughtful, and hopefully introspective, question: Does a leaked email from HBGary suggest that a large law firm sustained a breach itself? You can view the article <a href="http://ridethelightning.senseient.com/2011/05/did-king-spaulding-suffer-a-data-breach.html">here</a> and see the email that Sharon refers to. Come to your own conclusions and think about how your firm might deal with this type of situation.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-40209290460674019122011-05-23T14:27:00.000-04:002011-05-23T14:27:08.633-04:00Meet and Confer - Getting it RightThe <a href="http://legaltalknetwork.com/podcasts/digital-detectives/2011/05/the-meet-and-confer-getting-it-right/">May edition of the Digital Detectives podcast</a> discusses the practical way to dealing with the events associated with the Meet and Confer. Texas attorney, <a href="http://delchaum.com/pages/david_a._chaumette_--_biography_109.asp">David Chaumette</a> helps answer a lot of questions regarding what is expected of attorneys from the litigation hold to the production of ESI.<br />
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As a bonus prize, here is a <a href="http://www.craigball.com/Musings_on_Meet_and_Confer.pdf">link</a> to one of Craig Ball's resources on the Meet and Confer, including a list of 50 questions which could be considered. I had the pleasure of speaking with Craig during my recent trip to the <a href="http://www.ceicconference.com/">Computer Enterprise and Investigations Conference</a> in Orlando, Florida. If you have a week to blow off, you can explore the other resources at <a href="http://craigball.com/">craigball.com</a>.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-55750824265418552142011-04-27T11:30:00.000-04:002011-04-27T11:30:18.084-04:00Judge in British High Court ordered police to pay for false child pornography charges<a href="http://www.theregister.co.uk/2011/04/04/operation_ore_suspect_wins_damages/">The Register</a> reported on a Judge's ruling in the Britain's High Court in which the defendant "was awarded damages for malicious prosecution and misfeasance in public office." The Hertfordshire Constabulary discovered 10 thumbnail images depicting child pornography, in a computer's temporary Internet files folder. The Court's opinion was influenced once it found out that the arresting officer had been told by a computer forensics expert that the images were insufficient to charge. <br />
I came across the article at <a href="http://www.dfinews.com/news/police-must-pay-damages-over-false-child-pornography-charges">DFINews</a>, where another summary of the story can be found.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-18785737312050756432011-04-27T08:47:00.001-04:002011-04-27T10:45:10.385-04:00The Five Hottest Topics in E-DiscoveryOnce again, the <a href="http://legaltalknetwork.com/podcasts/digital-detectives/2011/04/the-five-hottest-topics-in-e-discovery/">latest Digital Detectives podcast</a> left me charged up and on the edge of my seat. Sharon and John were joined by California attorney and author of the <a href="http://bowtielaw.wordpress.com/">Bow Tie Blog</a>, <a href="http://bowtielaw.wordpress.com/about/">Josh Gilliland</a>, to discuss some of the hot topics in E-Discovery. While those heavily involved in E-Discovery may find the dialog to be the standard chatter among the listservs, forums and conferences, the forensic examiner and small-to-midsized law firms can particularly benefit from listening.<br />
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Two of the topics I was most interested in were: the mention of several affordable desktop review platforms for sole practitioner or small law firms; and the talk about third-party subpoenas to ISPs (Yahoo, Google) and the stringent protections of the <a href="http://ilt.eff.org/index.php/Privacy:_Stored_Communications_Act">SCA</a>.<br />
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Once again, Bravo! to all participants.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-87446086936364269682011-04-11T08:02:00.000-04:002011-04-11T08:02:12.958-04:00Law Firms Under SeigeFrom <a href="http://www.darkreading.com/">DarkReading.com, </a><b> </b>Kelly Jackson Higgins presents the case that <a href="http://www.darkreading.com/advanced-threats/167901091/security/attacks-breaches/229401089/law-firms-under-siege.html">law firms are increasingly targeted for digital attacks</a>. Why so? Mergers, bankruptcies, trade secrets, criminal defense of prominent figureheads or celebrities, intellectual property... these are all some of the first reasons that pop into my head. Think, for a minute, about the types of data which might be housed on law firms' servers. This article gives a laundry list of reasons and examples, particularly mentioning the APT (or <a href="http://www.mandiant.com/services/advanced_persistent_threat/">Advance Persistent Threat</a>). Higgins continues to showcase examples of technical reasons why many law firms are targeted, including a soft security culture. Not surprisingly, most companies/persons make security a priority once they've had an incident. Good read.<br />
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Click <a href="http://www.darkreading.com/advanced-threats/167901091/security/attacks-breaches/229401089/law-firms-under-siege.html">here</a> for the full article.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-90496756560369169282011-03-30T08:51:00.000-04:002011-03-30T08:51:53.795-04:00E-Discovery Holds Strategies for Criminal DefenseWarren Kruse (<a href="http://twitter.com/warren_kruse">@warren_kruse</a>) tweeted a link to <a href="http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202487832852&EDiscovery_Holds_Strategies_for_Criminal_Defense&slreturn=1&hbxlogin=1">an article</a> which should be of particular interest to criminal defense attorneys. The Law.com / New York Law Journal article is subtitled, "Clarifying the government's obligations for the preservation and production of ESI," and it comments on the recent decisions in <a href="http://www.ediscoverylawalert.com/uploads/file/U_S_%20v_%20Suarez%20-%20PACER.pdf"><i>United States v. Suarez</i></a>. Below is an excerpt from the article that might draw your attention:<br />
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<blockquote>Although only the <em>Suarez</em> jury will know the impact of the adverse inference instruction, the October 2010 acquittal of Suarez of all the charges, and his co-defendant of some, may indicate that it was quite significant. Notably, <em>Suarez</em> was the first acquittal on federal corruption charges in New Jersey in over a decade. <em>Suarez</em> may signal that civil retention and preservation obligations apply in the criminal context. </blockquote>Click <a href="http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202487832852&EDiscovery_Holds_Strategies_for_Criminal_Defense&slreturn=1&hbxlogin=1">here</a> to read full article.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-62250672088885811522011-03-29T09:52:00.010-04:002011-04-27T08:25:09.407-04:00Digital Detectives Podcast - Subscribe Now!I cannot express enough how pleased I am with the <a href="http://legaltalknetwork.com/podcasts/digital-detectives/">Digital Detectives Podcast</a>, hosted by <a href="http://www.senseient.com/about/corporate_officers.asp">John and Sharon</a> of <a href="http://www.senseient.com/index.asp">Sensei Enterprises</a>. Listening as a digital forensics professional, I find myself thinking about the insight my clients could gain by listening. The show surfs the barrel of the proverbial e-Discovery wave, speaking with many of the most well-known experts about real and current issues involving electronic discovery and computer forensics. Whether an attorney, e-Discovery or forensics professional, or CEO/CTO/CIO of a corporation, this is a great investment of your time. The knowledge gained from these discussions can help you or your clients save time and money.<br />
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Since the majority of our readership is law firms, I want to present two episodes I found to be particularly relevant to you:<br />
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<a href="http://legaltalknetwork.com/podcasts/digital-detectives/2011/03/the-deplorable-state-of-law-firm-security/">The Deplorable State of Law Firm Security</a><br />
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<a href="http://legaltalknetwork.com/podcasts/digital-detectives/2010/07/current-issues-in-computer-forensics/">Current Issues in Computer Forensics</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-72406856647999216022011-03-25T14:06:00.003-04:002011-03-25T14:15:04.045-04:00Virginia Law Signed Exempting Computer Forensics from Private Investigator Licensing<span style="font-family: arial;">Bravo! to </span><a style="font-family: arial;" href="http://ridethelightning.senseient.com/">Sharon Nelson and company</a><span style="font-family: arial;"> for getting </span><a style="font-family: arial;" href="http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB2271">this bill</a><span style="font-family: arial;"> off the ground. This is HUGE for the forensics community, as several states have been requiring computer forensics professionals to obtain (an often impossible) Private Investigator's license to operate.</span><br /><br /><span style="font-family: arial;">Summary of the bill as introduced: </span><b style="font-family: arial;">"Computer and digital forensic services; exempt from regulation as a private security service business.</b><span style="font-family: arial;"> Exempts from regulation as a private security service business any individual engaged in (i) computer or digital forensic services or in the acquisition, review, or analysis of digital or computer-based information, whether for purposes of obtaining or furnishing information for evidentiary or other purposes or for providing expert testimony before a court, or (ii) network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network."</span>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-26821696890084334532011-03-24T07:46:00.003-04:002011-03-24T08:03:29.041-04:00Integrating Forensic Investigation Methodology into eDiscoveryI just came across a <a href="http://www.sans.org/reading_room/whitepapers/incident/integrating-forensic-investigation-methodology-ediscovery_33448">fantastic paper</a> by Colin Chisholm and Jeff Groman, submitted as a GIAC Gold Certification paper to the <a href="http://www.sans.org/">SANS Institute</a> in January 2010. As the title,<span style="font-style: italic;"> Integrating Forensic Investigation Methodology into eDiscovery, </span>would suggest, it lays out the implementation of forensic methodology to the eDiscovery process (limited to the Collection & Preservation phases of the <a href="http://edrm.net/resources/edrm-stages-explanation">EDRM</a>). This paper is a great read for the three camps: Forensicators operating in the eDiscovery space, members of the legal community, and eDiscovery professionals who would benefit from some more insight into the mentality of traditional forensic investigators. It is extremely helpful for members of each group to understand the terminology, methodology, and (most importantly) the basis of thought of each of the other counterparts. This paper does a stellar job at bridging that gap.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-3572840666424377202011-02-23T11:01:00.008-05:002011-02-24T17:36:20.800-05:00Kevin Rippa talks about law enforcement's handling of child pornograhy casesKevin Ripa, a forensics expert with <a href="http://www.computerpi.com/">Computer Evidence Recovery</a> in Canada, was interviewed in November on the <a href="http://datasecurityblog.wordpress.com/2010/11/23/november-23-2010-episode-188/">CyberJungle Radio podcast, episode 188</a>. He very eloquently gave his perspective on how law enforcement handles child pornography (CP) cases. One of the show's co-hosts, Ira Victor, was nice enough to host the 10-minute clip of Mr. Ripa's interview <a href="http://dataclonelabs.com/security_talkworkshop/KevinRipa.mp3">here</a>, in case you do not with to hear the entire CyberJungle show.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-60849243519048456742011-02-23T10:45:00.000-05:002011-02-23T10:46:29.097-05:00CEIC 2011 in Orlando - Get your CPE/CLEs in e-DiscoveryAttention forensic examiners, security professionals, e-Discovery personnel and attorneys: CEIC 2011 in Orlando is getting closer!! The <a href="http://www.ceicconference.com/agenda2011.htm">agenda</a> was posted yesterday, and it looks great. Since much of the CF Informer audience are attorneys, I wanted to reinforce that you can pickup some great understanding of e-Discovery practices/software/case law/procedures/etc while collecting CPE/CLEs*. Guidance Software puts on a great event and is significantly less expensive than other 3-day conferences. Use discount code Cginesi2011 for $100 off<span style="font-weight: bold;">. </span>Email me if you're attending so I can say hello<span style="font-weight: bold;">. </span><br /><br />Conference website: <a href="http://www.ceicconference.com/">http://www.ceicconference.com</a><b><span style=";font-family:";font-size:11pt;" ><br /></span></b><span style="font-style: italic;"><br />*NOTE: make sure to check with Guidance to determine which courses are applicable to receive credits</span>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-31343101086855461632011-01-18T10:14:00.000-05:002011-01-18T10:14:25.379-05:00Supreme Court of California holds that warrantless search of text messages is valid.<div style="text-align: justify;">Filed on 1/3/2011, the Supreme Court of California held that <a href="http://www.courtinfo.ca.gov/opinions/documents/S166600.PDF">a warrantless search of a cellphone is valid as being incident to a lawful arrest</a>. While the case did not discuss the type of phone, I began thinking about the type of data stored on my cellphone. In a broad respect, I imagined an officer searching a <i><a href="http://en.wikipedia.org/wiki/Smartphone">smartphone</a></i> (iPhone or Android-based phone). What website passwords are stored? Could a law enforcement officer read emails which had been previously unread by the suspect simply because the had authority to search the phone? What about applications which may have used GPS-technology to track where the suspect had been? <a href="http://www.facebook.com/">Facebook</a>? <a href="http://foursquare.com/">Foursquare</a>? <a href="http://www.dropbox.com/">Dropbox</a>?Apparently, Judge Werdegar has similar concerns. His dissenting opinion, on page 24, expresses great concern over the applicability to such smartphones. I would not be surprised if a case addresses these issues in the not-too-distant future.</div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-50993478548011134332010-12-16T09:23:00.001-05:002011-01-18T10:14:50.057-05:00Defending the Defense of Child Pornography<div style="text-align: justify;">The crew at <a href="http://www.senseient.com/">Sensei Enterprises</a> wrote an article in 2009 presenting the argument for<a href="http://www.senseient.com/articles/pdf/In_Defense_of_the_Defense.pdf"> defending those accused of child pornography-related crimes</a>. The article also lays out what can and can't be determined through computer forensic analysis. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Perhaps one of the most relevant parts is on pages 5-6; they describe the mitigation that occurs between law enforcement/prosecution and the defense counsel/experts regarding the manner in which the defense will conduct its analysis. Since law enforcement cannot simply send the evidence to the defense, as it is considered contraband, the defense must travel to the site of law enforcement in order to conduct an examination.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">This process can go smoothly or be complicated by conflicting views on having to <i>assist the defense</i> with their case. I've had cases where law enforcement has provided a computer and a fully-processed case for me to conduct my review on. Even then, I still had to travel 300 miles and spend the night in order to do so. When law enforcement is less cooperative, the costs increase considerably.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">If you investigate or defend cases involving child pornography, this article is a must-read.</div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-69106020418037288772010-11-05T13:05:00.000-04:002010-11-05T13:05:38.089-04:00What is Wrong, or Right, with e-Discovery in America?Ralph Losey recently put together a concise and balanced <a href="http://e-discoveryteam.com/2010/10/10/what-is-wrong-or-right-with-e-discovery-in-america/">article presenting the good and bad of e-Discovery in America</a>. The article presents both sides of the argument for the status of e-Discovery with regard to education, sanctions, and technology's impact on our courts.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-11084345405805053912010-10-13T12:45:00.004-04:002010-10-13T13:17:33.387-04:00The difference between e-Discovery and Computer Forensics?Having come down the digital forensics track, it took me a while to come to grips with the idea of e-Discovery. I remember thinking, "So let me get this straight... A write blocker is unnecessary and data in unallocated space is not important?" While that is not always the case with e-discovery, it is more often than in a case calling for computer forensics.<br />
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It is important to differentiate whether an engagement calls for e-discovery or forensics from the beginning in order to establish goals and pricing. For example, forensics work is generally billed by the hour, whereas e-discovery processing is often charged by the amount of data. It is also not uncommon for a typical e-discovery case to require forensics processes after, let's say, the initial e-discovery production seems to be <i>missing emails</i> expected to have been produced.<br />
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Yesterday, I read a <a href="http://www.swordshield.com/2010/10/06/do-you-need-ediscovery-or-computer-forensics/">fantastically concise explanation for differentiating e-discovery and computer forensics</a> by Bill Dean at Sword & Sheild's blog. Our communities need articles like this to help bridge the verbiage gap between attorneys, litigation support personnel, and e-discovery and computer forensics practitioners. I highly recommend spending five minutes to take a look.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-64559427054423684292010-10-01T16:00:00.000-04:002010-10-01T16:00:01.752-04:00The “I was on MySpace” AlibiIn the age of social media, it is not surprising to see its increased presence in court. <a href="http://bowtielaw.wordpress.com/2010/09/15/the-%E2%80%9Ci-was-on-myspace%E2%80%9D-alibi/">Bow Tie Law's Blog has an article </a>highlighting one such case, <span style="font-family: inherit; font-size: small;"><em>People v. Calderon, </em>2010</span>, in which the Defendant claimed to be playing poker on MySpace during the time a crime was committed. As I was reading, it was if Mr. Gilliland read my mind with this comment: <br />
<blockquote><i>There is a courtroom drama waiting to erupt in a brutal cross-examination over whether someone was on Facebook on their iPhone or at home when the “Social Media” alibi is next offered. </i></blockquote>He continues accurately to suggest forensics would need to be done on both the home PC and the mobile device in order to find the truth.<br />
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<span class="style11"><span style="font-family: Arial; font-size: 10pt;"></span></span>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-87938099987187232872010-09-20T10:42:00.001-04:002010-09-23T09:53:18.330-04:00Cybercrime Newsletter for AttorneysI came across a fantastic resource for attorneys dealing with crybercrime or interested in technology laws. Through a joint effort between the National Center for Justice and the Rule of Law and the National Association of Attorneys General, a well-organized and pertinent newsletter has been produced. The newsletter describes current developments, including timely articles, legislative action, corporate initiatives, and court cases. Since 2002, I estimate between three to six issues released each year. <br />
You can sign up to subscribe or just to view the articles at:<br />
<a href="http://www.olemiss.edu/depts/ncjrl/CyberCrimeInitiative/cci_newsletter.html">http://www.olemiss.edu/depts/ncjrl/CyberCrimeInitiative/cci_newsletter.html.</a> This is truly a top-shelf publication.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-44842854326801792602010-09-15T14:58:00.000-04:002010-09-15T14:58:08.963-04:00EFF Says Violating Company Policies Is Not a Computer Crime<i>The <a href="http://www.eff.org/">Electronic Frontier Foundation (EFF)</a> urged a federal appeals court Tuesday to dismiss charges that would turn any employee use of company computers in violation of corporate policy into a federal crime.</i><br />
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<i>In U.S. v. Nosal, an ex-employee is being prosecuted on the claim that he induced current company employees to use their legitimate credentials to access the company's proprietary database and provide him with information, in violation of corporate computer-use policy. The government claims that the violation of this private policy constitutes a violation of the Computer Fraud and Abuse Act (CFAA). Following a decision issued just last year by the U.S. Court of Appeals for the 9th Circuit, the District Court ruled against the government, holding that violations of corporate policy are not equivalent to violations of federal computer crime law. The government appealed to the 9th Circuit.</i><br />
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Read the full article <a href="http://www.eff.org/press/archives/2010/09/14">here</a>.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-20909531672459903902010-08-27T15:47:00.001-04:002010-08-28T06:57:22.273-04:00Computer Forensics and Personal Computers in Business CasesSharon D. Nelson at <i>Ride The Lightning</i> <a href="http://ridethelightning.senseient.com/2010/06/computer-forensics-and-personal-computers-in-business-cases.html">responds and adds her comments</a> regarding personal computers being brought into business cases. She is responding to a very thorough <a href="http://bowtielaw.wordpress.com/2010/06/14/how-to-get-a-judge-to-overcome-the-guilt-of-ordering-the-forensic-examination-of-a-personal-computer/">discussion</a> of <i>Genworth Fin. Wealth Mgmt. v. McMullan (2010 U.S. Dist. LEXIS 53145 (18-19) (D. Conn. June 1, 2010) </i>at the <i>Bow Tie Law's Blog, </i>in an article titled <a href="http://bowtielaw.wordpress.com/2010/06/14/how-to-get-a-judge-to-overcome-the-guilt-of-ordering-the-forensic-examination-of-a-personal-computer/">"How to Get a Judge to Overcome the Guilt of Ordering the Forensic Examination of a Personal Computer."</a> This is becoming more of a hot topic, as more workers I encounter are technologically connected to their workplace. Both articles are must-reads and should be bookmarked for the archives.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-85919147537839558362010-08-11T08:14:00.000-04:002010-08-11T08:14:56.360-04:00It Is Necessary to Have Proper Legal Authority to Conduct a Forensic Examination of Cell PhonesDFI News has a <a href="http://www.dfinews.com/tip/it-necessary-have-proper-legal-authority-conduct-forensic-examination-cell-phones">three paragraph excerpt</a> from Don L. Lewis' article, <i><a href="http://www.dfinews.com/article/examining-cellular-phones-and-handheld-devices" jquery1281527636952="45">Examining Cellular Phones and Handheld Devices.</a></i> The excerpt and the full article present, amongst other more technical items, case law and discussion regarding the legal authority of searching and conducting a forensic examination of cell phones and handheld devices. With the exception of the man whose car I jump-started this week, just about everyone else I know over the age of twelve carries at least one smartphone or wireless handheld device (such as an iPod, iPad, PDA, etc). Chances are that whether you are prosecuting, defending, or involved in commercial litigation, it is important to make sure examination of these devices is handled properly.<br />
<b>Article Link: </b> <a href="http://www.dfinews.com/tip/it-necessary-have-proper-legal-authority-conduct-forensic-examination-cell-phones">It Is Necessary to Have Proper Legal Authority to Conduct a Forensic Examination of Cell Phones</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-35007480686375001702010-07-28T07:50:00.002-04:002010-07-28T07:55:47.751-04:00Facebook can make or break your caseFacebook and other social networking sites are continuing to produce evidence, so it would be wise to be ahead of the curve on this front, as an attorney or business leader. <a href="http://thelegalintelligencer.typepad.com/tli/eric-b-meyer/">Eric B. Meyer</a> at <a href="http://thelegalintelligencer.typepad.com/tli/">The Legal Intelligencer Blog</a> put together one of the most informative articles I've seen on this topic. You'll find several links worth bookmarking, including a list of <a href="http://www.search.org/programs/hightech/isp/" target="new">internet service provider</a> mailing addresses for service of subpoenas and a <a href="http://www.scribd.com/full/31921843?access_key=key-2i8jdft9a1tammq659sv">link</a> to a recent case in which a federal court permitted an employer to obtain discovery of an employee's social networking activity that, through privacy settings, the employee had made "private" and not available to the general public.<br />
<b>Article Link:</b> <a href="http://thelegalintelligencer.typepad.com/tli/2010/07/how-facebook-can-make-or-break-your-case-.html">How Facebook Can Make or Break Your Case</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7245153823711358830.post-32397809579279512652010-07-24T13:44:00.002-04:002010-07-24T13:46:14.682-04:00Supreme Court rejects appeal in child pornography case.Earlier this year, <a href="http://www.csmonitor.com/">The Christian Science Monitor</a> reported on the The Supreme Court's rejection of an appeal to overturn a conviction for producing child pornography. The defendant argued that the images – of children's faces morphed on adults – did not involve sexual activity by minors and so were protected by the First Amendment. The prevalence of child pornography cases should continue to send more cases to the Supreme Court, and The Court will continue to clarify the technicalities that arise.<br />
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<i>Article Link: <a href="http://www.csmonitor.com/USA/Justice/2010/0111/Supreme-Court-rejects-appeal-in-child-pornography-case">Supreme Court rejects appeal in child pornography case</a></i><br />
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Dr. Bob DeYoung, my partner at <a href="http://www.forensicrecovery.com/">Forensic Recovery</a>, authored a paper that discusses "virtual" vs. "reality" with regard to child pornography. While the article is focused on the technical and forensic aspects of virtual or altered images, Dr. DeYoung stresses the need for the courts to define what is virtual and what is real. The article cited above from The Christian Monitor is one of such cases.<br />
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<i>Article Link: <a href="http://forensicrecovery.com/virtual_reality.php">Virtual - Reality: A Preliminary Forensic Assessment Relating to Child Pornography in the Prosecutorial/Defense Effort</a></i><br />
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The most recent story involving child pornography will be closely followed. <a href="http://www.boston.com/">The Boston Globe</a> reported yesterday on a recent federal investigation which identified several dozen Pentagon officials and contractors who allegedly purchased and downloaded child pornography. Many of the accused maintained high-level security clearances.<br />
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<i>Article Link: <a href="http://www.boston.com/news/nation/washington/articles/2010/07/23/pentagon_workers_tied_to_child_porn/">Pentagon workers tied to child porn.</a></i>Unknownnoreply@blogger.com0