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RE: Computer forensics to uncover illegal internet use
From: "dave kleiman" <dave () isecureu com>
Date: Tue, 6 Sep 2005 17:26:14 -0400

Steve,

Inline..


Hate to play alwyer here but doesn't all of this get shot down by 3rd
Circuit Federal Court of Appeals decisions regarding the FBI's
Innocent Images project?  It basicly shot down the concept of  "you
clicked on a chold porn link therefore you're guilty."

Well that applies to when it is determined that it was innocent.  This could
be via pop-up, trojan, or maleware of some kind.



This is all enshired in Federal
Cases. No one must admit that a good prosecutor can indioct a  ham
sandwich and all that. But overall that doesn't happen.
Now Federal Prosecutors and Investigations staffs are very  good at
sort of getting warrants and raiding someone's house  or business and
going thru everything. But if the person  doesn't scare and cop to
something they never did, then  federal prosecutors generally have to
back off in cases where  it is just things accumulating on disks etc.

Well they do not usually prosecute ham sandwiches, BLT's maybe.

I love how everyone is quick to say things just magically accumulated on
their H/D.  However, they tend not back of when a file structure is found
with hundreds of images, often burned to CD's.

Futhermore in
states with a high privacy expectation like California there is a good
reason to say "We don't go through our customers data looking for
things out of the ordinary". One might argue it to be different it
were one's employees. However if you are offering a primo privacy
service then you can legitimately scrub disks as a part of the biz
plan.

Well that may be, of course you missed the beginning of these threads, where
Mr. Combs suggested after discovering contraband on and employees H/D, to
make a copy of it take the copy to the companies attorney. Wipe the original
and "best course of action is to purposefully falsify the record of the
company's response to the incident"

The full threads can be read here:

http://seclists.org/lists/security-basics/2005/Sep/subject.html
http://seclists.org/lists/security-basics/2005/Aug/subject.html



Much of Law Enforcement and theiir Public Providers of services
depends on scaring people and businesses into good behavior when it is
neither necessary or ethical. My suspicion is that one can ignore this
tactic if one wishes as one is reasonably careful.. I am sure that
people will be offereing  "Computer Forensics Services" to find the
scary things on your compnys disks for $500 a pop but no good reason
one has to engage in such silliness.


Yes that crazy scaring people into good behavior....... Oh wait that is
right only reasonably prudent people follow the law, criminals tend to not
care if there is law against something, they are not scared into not
committing crimes, that is why they are criminals.

Kind of like the lawlessness that is occurring in the situation you
mentioned below.  Some people would say that the devastation has turned
these people into criminals. Although, the reality is the people committing
the crimes are the same ones that were committing them before the
devastation.

Excuse my flipness. I just got through friends caught up in this call
people stranded and alone by the hurricane in the SOuthland and all
these other things do ring silly right now.


Regards,

Dave





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