Tampa Criminal Defense Attorney - Computer Search Warrants

Tampa Criminal Defense Attorney reports severe limits in  Computer Search Warrants and Searches - Another court has laid out detailed procedures for issuance and execution of search warrants for computers that contain files outside the scope of a search warrant. The court ruled that the Government cannot rely on the Fourth Amendment's plain-view doctrine in cases where the investigators rely on the intermingling of computerized records to justify a broad seizure and examination of electronically stored records. United States v.Comprehensive Drug Testing Inc., 9th Cir.(en banc), No. 05-10067 (8/26/09).

The court states, “The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.” The plain-view doctrine is an issue courts have been struggling with.

Detailed procedures for searches of computer electronic data:

1. The government must not rely on the plain view doctrine in digital evidence cases.

2. Search must be either done by specialized personnel with a procedure to prevent disclosure investigators of information that is not the target of the warrant.

3. The government's search method must be designed to uncover only the information for which it has probable cause.

When Computers Land in Court, We Can Help - Tell Me Your Story Toll Free  - 1-877-793-9290.

Tampa Criminal Defense Attorney on Computer Forensic Searches and Warrants

Source: http://pub.bna.com/cl/0510067a.pdf

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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Florida Cybercrime Unit Tampa

A new CyberCrime Unit was officially opened in the Bay area Wednesday. The Jacksonville unit opened last year. The Tampa unit will perform online investigations of potential child predators. Other offices are in Orlando and Fort Lauderdale. The unit will expand to 56 people throughout the state. The program hopes to provide support for local law enforcement agencies for investigating, arresting and prosecuting Internet predators and child pornographers.

Fort Myers, Tallahassee and Pensacola are also scheduled to open in the next several months.

W.F. "Casey" Ebsary, Jr. is a Board Certified Criminal Trial Lawyer, an expert, available to help in these complex computer cases at 1-877-793-9290.

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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RIAA Explains How to Catch Alleged Music Pirates

The RIAA Recording Industry Association of America used the same file-sharing software that online pirates use, an RIAA representative said during a private demonstration of how it caught alleged music pirates.

The RIAA uses LimeWire.The RIAA has a list of songs owned by the RIAA's members. Media Sentry, runs copies of the LimeWire program and performs searches for those copyrighted song titles, to see if any are being offered by people whose computers are connected to the LimeWire network. The software lists IP address of active file sharers. The names of the people associated with particular IP addresses are not public, it is easy to find out which IP addresses are registered to each Internet-service provider. Using public databases, Media Sentry then locates the name of the Internet-service provider and determines which traders are located at colleges or universities.

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Internet Drug Indictments

Florida Federal prosecutors in the Middle District have charged physicians and others with running an web-based prescription drug operations and claim they are illegally dispensing millions of doses of medication.

The website operators are charged with hiring pharmacists and doctors to issue prescriptions based on Internet questionnaires, the charges say. According to the United States Attorney, Web sites and representatives are used to sell the drugs.

Prosecutors intend to prove that doctors and pharmacists are paid to review short questionnaires and then never see the patients they were prescribing medicines to. Beyond that, none of the information submitted was ever verified, authorities said.

W F Casey Ebsary and cocounsel Marcelino Huerta III have successfully defended such claims in Federal Court. Call Toll Free 1-877-793-9290 for more details and to get some help today.

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 Florida - First Birthday for New Federal Rules of Civil Procedure

eDiscovery - For Florida and the Federal Courts, this marks the first anniversary of an overhaul of the Federal Rules of Civil Procedure (FRCP), which mandated the quick and accurate recovery of electronically stored information. Soon e-discovery will explode in the wake of the the subprime mortgage crisis.

eDiscovery Computer Lawyer Tampa Florida

Feds Claim No Privacy in Emails

On October 8, 2007, the United States Court of Appeals for the Sixth Circuit granted the USA's request for a full-panel hearing in US v. Warshak. The case centers on the right of privacy for stored electronic communications. Can the Government merely subpoena mail and skip judicial review of a search warrant? The case presents the Government's position on Constitutional email and electronic privacy - that there isn't any.

Get your encryption keys ready for this one.

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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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Government Orders Scrubbing of Computer Hard Drives

The Air Force Academy has ordered its cadets to commence scrubbing their computers for illicit or illegal material. The cadets said they have been ordered to go through their computer files this weekend and erase any improper data, including illegally acquired music and videos as well as pornography. The data destruction was ordered amidst allegations of cheating. All 4300 cadets were confined to their barracks. If there was child pornography, mere deletion of the data will not protect the cadets, as computer forensic technology can still uncover alleged cyber crimes.

Florida Computer Crime Center

Florida Department of Law Enforcement (FDLE) has created a Florida Computer Crime Center, code named "FC3." They will investigate computer related crime and investigate complex computer crimes. FC3 will also assist with regional investigations and work to identify computer criminals. Investigations will include cases where computers are used to facilitate or help with the crime - child pornography, fraud, banking scams, drugs, and child exploitation, hacking, denial of service attacks, virus replication, network intrusions and cyber terrorism. FC3 intends to identify and harden potential cyber targets in Florida.