Forensic Science in Doubt in Florida Federal and State Courts

The National Research Council (NRC) reviewed forensic practices in this country and concluded industry standards are in need of serious upgrading. The results of this study are published in: Strengthening Forensic Science in the United States: A Path Forward. The report found: a lack of mandatory and enforceable standards based on research and testimony; unacceptable backlogs in local and state laboratories; lack of ties to research universities; and lack of central governance to correct weaknesses in the field.

NRC recommended changes:

* Stronger leadership to strengthen forensic science through an independent National Institute of Forensic Science;

* Certification for forensic science professionals and accreditation for laboratories;

* Results which indicate the level of uncertainty in the measurements of DNA analysis;

* Court testimony grounded in science which acknowledge uncertainties; etc.

The computer forensic team used by Board Certified Criminal Trial Lawyer W.F. ''Casey'' Ebsary, Jr., helps level the field when federal or state crime labs line up on the other side. Call Toll Free 1-877-793-9290. Get some help today.

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Tampa Criminal Defense Attorney Internet Service Providers Become Cops

Tampa Criminal Defense Attorney reports that new tools being marketed by an overseas company checks every file flowing through an Internet service provider's network — every movie, every image, every document attached to an e-mail. The software compares for matches to a list of illegal images.

W. F. "Casey" Ebsary, Jr., has learned that the invasive new technology called "deep packet inspection," allows Internet companies to analyze data flowing through their networks. One leading expert on electronic privacy in the United States says the proposal would clearly run afoul of the U.S. Constitution. The expert opines that the technology essentially sets up a wiretap without obtaining a warrant from a judge.

According to the manufacturer, encrypted files on the peer-to-peer network could not be decrypted by the technology. However, the company claims it can fool the sender's computer into believing that the recipient was requesting an unencrypted and uncompressed file. The system calculates a hash value and compares the files to the list of illegal files.

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Computers in Court - eDiscovery Computer Forensics Update

New One Minute Video - Computers in Court - eDiscovery and Computer Forensics




Most documents are created and stored electronically. This one-minute video Computers in Court - eDiscovery and Computer Forensics - Most documents are created and stored electronically. This one-minute video covers what to do when a computer lands in a courtroom. CentralLaw.com uses professionals that are certified and experienced in providing computer forensic service and electronic data discovery services to clients. We use state of the art technology and forensically sound procedures and tools. We maintain the appropriate chain of custody. All digital evidence is stored in an access controlled computer lab. We assist our clients with all phases of electronic discovery and computer forensics including: identification, acquisition, analysis, reporting and, if necessary, we provide an expert to testify on evidence from electronic storage mediums such as computer hard drives. Video courtesy of http://www.CentralLaw.com Toll Free 1-877-793-9290

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New Video - Florida Cybercrime Defense Attorney

New One minute video from W F Casey Ebsary, Florida Cybercrime Defense Attorney in Florida. A lawyer with experience in computer crimes, theft of intellectual property, and many other offenses, suggests important things to consider when getting help in these areas. Toll Free 1-877-793-9290. http://www.centrallaw.com

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Tampa RIAA USF Music-File-Sharing Case Update

A Tampa federal judge has refused to dismiss a counterclaim filed in federal court by a USF student who accuses the recording industry of using deceptive tactics against USF students named in music downloading lawsuits.

The Tampa students accuse the RIAA, the recording industry of hiring private investigators to invade private computer networks. They also accuse the industry of using the court system as an investigative arm and then extorting money from people, using private information gained from the courts to force settlements.

The record companies have sued more than a dozen University of South Florida students, accusing them of illegal downloading. The RIAA suits and the threat of suits have caused at least 64 USF students to pay off thousands of dollars to settle music piracy complaints with record labels.

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Sex Offender Registry Hacked

One of the rules of computer coding is to check your input. Especially when your input comes from users. The Oklahoma Department of Corrections missed that day in computer class. DOC trusted anonymous user input on their public-facing Sex Offender Registry website and they blindly executed it and displayed whatever came back.

The result of this bad coding had some rather serious consequences: the names, addresses, and social security numbers of tens of thousands of Oklahoma residents were made available to the general public for a period of at least three years.

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eDiscovery Tampa - 2008 Super Lawyer

Tampa eDiscovery Attorney, W.F. Casey Ebsary Jr., was selected as a Super Lawyer for the second time. That adds to his credentials - Board Certified by the Florida Bar and his AV rating by Martindale Hubbell. The Super Lawyer selection process allows a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist in the search for legal counsel.

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RIAA Refuses to Pay Defense Costs Fees

The RIAA is only willing to pay one tenth of what a victorious victim of a malicious RIAA prosecution is seeking. The RIAA called the $298,995 figure "excessive" and said that it should be drastically slashed to something along the lines of $30,000. The defendant argued "As the court has previously found, the proceedings were complicated, prolonged, and made more expensive by the plaintiffs' unreasonable tactics throughout the case."

The RIAA is accused of racketeering, fraud, deceptive business practices, and a host of underhanded tactics such as seeking to directly contact the defendant's then-eight-year-old daughter under false pretenses. The trial judge has previusly ruled: "[w]hatever plaintiffs' reasons for the manner in which they have prosecuted this case, it does not appear to be justified as a reasonable exploration of the boundaries of copyright law." Source: ARS Tecnica

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eDiscovery Florida Mobile Devices

Mobile devices, cell phones and Personal Digital Assistants (PDA) are now an everyday part of how organizations do business. The devices transmit and receive data, log activity, and these mobile offices are as useful in discovery as traditional desktops and laptops.

The information that can be gathered from mobile devices can be forensically retrieved. Forensic data includes corporate e-mail, personal e-mail, Short Message Service (SMS) text messages, personal notes, calendar entries, photographs, address books, and inbound and outbound call logs. When placed into a timeline of events, this type of information can be invaluable to prove certain facts for a case. An expert can preserve the chain of custody and this data can be useful in litigation.

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What is eDiscovery? Expert Florida

eDiscovery describes the exchange and disclosure of electronically stored information (ESI). In December 2006 the Federal Rules of Civil Procedure were changed to include specific requirements and guidelines regarding how to handle eDiscovery.

Since more than 90% of documents are now created electronically, and less than 30% of those electronic documents are ever converted to paper, these new rules are likely to have an impact on how everyone conducts business. The new rules on preserving ESI make having an eDiscovery complaint document retention policy more important than ever before. An expert may be needed to search terabytes of data that litigants may have.

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Forensic Computing and E Discovery Walks Hacking Suspect

A charge of planting a trojan horse was dropped because of "lack of sufficient evidence." A hacking suspect had been charged with computer tampering, a Class D felony that carries a penalty of six months to three years in prison and a maximum fine of $10,000, upon conviction.

The case started when a system operator reported a system crash of its servers and its backup systems. It was allecged that suspects had remote access to the computer network through personal computers The suspect denied any responsibility for the transmission and maintained his innocence.The alleged victim "concluded we lacked sufficient evidence," The victim admitted it could not prove that the suspect was "the person who used the computer at the time the . . . system was infected by the virus." South Bend Tribune

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eDiscovery, Cybercrime, and Punishment

43 nations have signed on to the Convention on Cybercrime drafted by the Council of Europe with considerable input from the United States. The cost of combating cyber crime committed overseas may now be passed on to American businesses. Under the new treaty, participating countries are given sweeping access to information in United States for cybercrimes that may have been committed overseas.

For example, France has strict laws addressing the sale of Nazi memorabilia. Sale of those items on eBay may not necessarily violate United States laws. However, French authorities may seek information from buyers and sellers in the United States regarding sales that are otherwise legal in the U.S. . Article 12 of the treaty may make businesses liable for "lack of supervision or control" of employees to may have committed criminal offense(s) covered by the convention. Businesses need to watch employee activity that, while legal in the United States, may violate the laws of a participating signer of the treaty.

The record retention requirements in the treaty may require business to address the electronic discovery (eDiscovery) and computer forensics requirements that may be mandated by this new law. The costs of the Treaty will be borne by the private sector.

Have You Resold Your Data?

People think that data on your discarded hard drive is as good as gone? Good chance it’s not, even if you reformatted it. One computer forensics company analyzed 70 old hard drives purchased from 14 different places. Confidential data was recovered from 63% of the 60 drives that were still operational.

FBI And Missing Laptop Computers

FBI cybercrime information has been lost or stolen. Computers used for Computer Forensics have been lost. According to the Washington Post, the FBI has lost 160 laptop computers, including at least 10 containing classified information. One held "personal identifying information on FBI personnel," according to a report. One field office reported a stolen laptop containing software for creating identification badges. Another field office reported a stolen laptop that had been used to process surveillance-related electronic digital imaging.

Innocent Images Task Force

Steve Cole, spokesman for the U.S. Attorney’s Office in Tampa, explained that the Innocent Images Task Force is made up of FBI agents and detectives from local law enforcement and the U.S. Probation Office. The proliferation of child pornography and child sexual exploitation facilitated by the Internet is viewed as a major law enforcement task. Cole said, “The mission of the Innocent Images Task Force is to reduce the vulnerability of children to acts of sexual exploitation and abuse through computers,” he said.

Using the Department of Homeland Security's resources for computer forensics, the task force seeks convict internet users of computer crimes. most of even the most minor offenses include a stint in federal prison.

District Court Orders Production of Hard Drive

US v. Knellinger , Case No. 3:06CR126 (E.D.Va. Jan 30, 2007).

Government attempted to restrict defense expert's access to a mirror image of hard drive. U.S. District Judge Robert Payne ordered Government to provide copy of hard drive. The judge also ruled that federal authorities have failed to make Knellinger's computer hard drive "reasonably available" for examination by defense experts at a government facility. Judge Payne ordered the government to provide the defense a copy of the hard drive.

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