Tag archive for "panopticon"

Articles

SceneTap – Creepy new surveillance App in Bars

Comments Off 14 May 2012

Remember all those movies where the hero ducked into a bar to avoid the bad guys?

Or all those bars you ducked into with your date, because the vibe felt right?

 

Kiss those days good bye.

 

Bars equipped with SceneTap record all patrons in real time, perform gender & demographic analysis, and publish that data on the web & mobile apps.

So much for the privacy and anonymity of your local bar…

 

From VentureBeat.com:

Imagine this. You and your girlfriend walk into a neighborhood bar, order a cocktail, and, unbeknownst to you both, a camera above is scanning your faces to determine your age and gender. Your deets are combined with data on other bar patrons and then spit out to looky-loo mobile application users trolling for a good-time venue with the right genetic make-up.This isn’t make believe, folks. Rather, it’s a very real scenario that you may have already experienced thanks to a Chicago-based startup called SceneTap, which went live in San Francisco at 25 bars on Friday.SceneTap is a maker of cameras that pick up on facial characteristics to determine a person’s approximate age and gender. The company works with venues to install these cameras and track customers. It also makes web and mobile applications that allow random observers to find out, in real-time, the male-to-female ratio, crowd size, and average age of a bar’s patrons. And no one goes unnoticed. “We represent EVERYONE in the venue,” SceneTap proudly proclaims on its website.Launched in Chicago last July, SceneTap is now live in seven markets, including San Francisco and Austin, and has tracked more than 8.5 million people at 400 partner venues. Bamboo Hut, Bar None, milk bar, The Abassador, Fluid Ultra Lounge and 20 other San Francisco locations now have the i-spy cameras in place.

via Overexposed? Thanks to SceneTap, San Francisco bars are now profiling you | VentureBeat.

CISSP, Events

ISC2 SecureNewJersey – Dec 3, 2012 – Social Media & Cloud Computing Threats to Privacy, Security and Liberty

Comments Off 14 May 2012

Social Media & Cloud Computing Threats to Privacy, Security and Liberty

 

Social Media has quickly woven itself into the very fabric of everyday life. This boom in sharing, even the most banal of details, has had a resounding impact on how our children, employees and colleagues communicate.

Using case studies from the US and around the world, we’ll examine how people have lost jobs, college admissions, college degrees, fortunes and freedom through (un)social media.

We’ll also investigate the rampant OVERCOLLECTION of customer and subscriber data by major corporations and governments.

We’ll also discuss some strategies and steps we can take to protect civil liberties and privacy in the age of Social Media.

Events

ISC2 Baltimore – Dec 5, 2012 – Social Media & Cloud Computing Threats to Privacy, Security and Liberty

Comments Off 14 May 2012

Social Media & Cloud Computing Threats to Privacy, Security and Liberty

 

Social Media has quickly woven itself into the very fabric of everyday life. This boom in sharing, even the most banal of details, has had a resounding impact on how our children, employees and colleagues communicate.

Using case studies from the US and around the world, we’ll examine how people have lost jobs, college admissions, college degrees, fortunes and freedom through (un)social media.

We’ll also investigate the rampant OVERCOLLECTION of customer and subscriber data by major corporations and governments.

We’ll also discuss some strategies and steps we can take to protect civil liberties and privacy in the age of Social Media.

Articles

Girls Around Me App – A preview of what’s to come

Comments Off 24 April 2012

Yes, Girls Around Me – the app, is gone.  For now.

It wasn’t illegal, but it creeped people out.

What I find amusing is that while these guys creeped people out, there are hundreds of developers building similar apps for Law Enforcement, Governments and Corporations that no one’s talking about.

 

The data YOU share is out there.

Once published, it’s NOT going to be erased.

And lots of people are making fortunes slicing/dicing/mining you to death.

 

Original article from Forbes:

As far as I can tell, the app “Girls Around Me” wasn’t violating any laws. But it was high on the creepy scale when, according to reports, women’s identity, photographs and location were being revealed to strangers, even though the women never opted into the service. Although the developer, Moscow-based I-Free, hardly deserves any awards, the app’s a good wake-up call for people to use the privacy settings of legitimate social networking and location services.The app mashed together information people posted about themselves publicly on Foursquare and Facebook and created a map showing the location and photographs of nearby women.

via Girls Around Me App Is a Reminder To Be Aware What You Share – Forbes.

Articles

What legal rights do YOU have to your mobile data?

Comments Off 17 April 2012

Here’s a fascinating article from Phys.org on how the US DOJ is getting cellular location data from cell carriers (neatly bypassing the 4th amendment protections) and how technology has increased the reach of the government into our daily lives.

 

Is using cell-phone data for tracking purposes a violation of privacy? Does it violate any constitutional requirements?

The short answer is: We don’t know. The Supreme Court hasn’t decided yet, though police are clearly doing it all the time. The basic test of what violates the Fourth Amendment is whether the government action is “unreasonable” search and seizure. The Supreme Court has just decided, in the United States v. Jones case, that it’s unreasonable for police to attach a GPS tracker to someone’s car in order to remotely monitor that car’s movements full time for a month, without first getting a warrant.

The biggest threats to our privacy nowadays are probably those we create for ourselves, by giving out information to make our lives easier. Through the use of credit cards, email and mobile devices, we allow many private entities to collect all kinds of information about us, and, where it isn’t protected by some statute, those entities can sell that information to anyone willing to pay for it. The Constitution can’t protect us very well against giving our information away.

What obligation do service providers have to give tracking data to law-enforcement agencies, particularly when no warrant has been obtained?

[the cellphone carrier] may be willing to sell that information, if the price is right, and if it thinks that its customers won’t care, or won’t notice.

How has the pervasiveness of digital content and growing digital footprints influenced law-enforcement practices? In general, does it complicate or aid criminal investigations?

in addition to GPS tracking (which can be performed by police with a warrant), the government is likely to collect all the electronic information it can get in order to help prove its case: cell-phone data, hard drives, emails, credit card, bank transactions, etc. Digital-evidence collection has vastly increased the amount of data that must be processed, and it requires entirely new kinds of expertise. The courts are still sorting out just how far police can go in looking through someone’s hard drive if they have probable cause to believe that they’ll find incriminating .

via 3Qs: Mobile tracking in criminal investigations.

Articles

Sergey Brin says Facebook, Apple, US Government biggest threats to Web Freedom

Comments Off 17 April 2012

In a rare show of honesty, Sergey Brin admitted that

 their data that was now in the reach of US authorities because it sits on Google’s servers. He said the company was periodically forced to hand over data and sometimes prevented by legal restrictions from even notifying users that it had done so.

Of course, he conveniently points the finger at his rivals – Facebook, Apple, Hollywood (RIAA/MPAA).

Yes Sergey, your competition is evil.  So’s your company.  If you don’t want the US government demanding access to all the data that Google collects, then STOP COLLECTING so much data.  START telling your users about the threats to THEIR privacy that you’ve created.  A Google Good-To-Know about ECPA and PATRIOT ACT would be so much nicer than your current ads.

The threat to the freedom of the internet comes, he claims, from a combination of governments increasingly trying to control access and communication by their citizens, the entertainment industry’s attempts to crack down on piracy,

From the attempts made by Hollywood to push through legislation allowing pirate websites to be shut down, to the British government’s plans to monitor social media and web use, the ethos of openness championed by the pioneers of the internet and worldwide web is being challenged on a number of fronts.

In China, which now has more internet users than any other country, the government recently introduced new “real identity” rules in a bid to tame the boisterous microblogging scene. In Russia, there are powerful calls to rein in a blogosphere blamed for fomenting a wave of anti-Vladimir Putin protests. It has been reported that Iran is planning to introduce a sealed “national internet” from this summer.

via Web freedom faces greatest threat ever, warns Google’s Sergey Brin | Technology | The Guardian.

Articles

Mercedes Benz updates car software remotely

Comments Off 09 April 2012

All of us have experienced Patch-Tuesdays, when we come into work and find our desktops & laptops rebooted due to mandatory Microsoft patches.

 

Imagine starting your car and finding out the dashboard changed…and your radio stations are gone.  Or worse, the car won’t start.

 

Yes, automakers have a lousy track record in software development and security.

See http://www.wired.com/threatlevel/2010/03/hacker-bricks-cars/

http://news.bbc.co.uk/2/hi/asia-pacific/4396831.stm – Malaysia car thieves steal finger

 

 

But I’m sure MB has THIS system locked down…and if believe that, I’ve got a bridge to sell you.

 

Yes Virginia, the ultimate expression of physical ownership and transportation is just another droplet in the cloud…

 

From the TXNOLOGIST:

This new system upgrades on the fly, he said, the first such in-car application to do so. “It’s seamless to the customer,” Link said. “I have a friend who was excited about his system upgrade, which required him to plug in his stick and leave his car running for 45 minutes. Who wants to do that? In a process called ‘reflashing,’ the Mercedes system can turn on the car operating system (CU), download the new application, then cut itself off. It doesn’t require you to do anything at all.”

The implications of this go far beyond transparent upgrade of your streaming music system. Consider that the average car has 70 to 100 electronic control units (ECUs) and even econoboxes have lines of code in the tens of millions — the Mercedes S-Class has more than 20 million. According to Link, software-related recalls are a big problem for carmakers, costing $75 to $95 per car. Not only is it expensive, but it’s a hassle for drivers—nobody likes bringing their car to the shop.

via New York Auto Show: Upgrading Auto Software In A Flash | Txchnologist.

Articles

Here’s what Facebook sends the cops in response to a subpoena – 62 pages

Comments Off 09 April 2012

In the EU-vs-Facebook cases, Facebook has sent european citizens 800 PAGES of documents.

 

In the US, a subpeona merits 62 pages.

 

So, either the Craigslist killer didn’t use Facebook as much as a dummy German profile, or Facebook held back hundreds of pages of data.  You decide.

 

If you’d like the full PDF, grab it from http://dl.dropbox.com/u/105727/fb-subpoena-db/index.html

 

From ZDNET:
The 71-page document is actually two documents in one. The first eight pages are the actual subpoena;the remaining 62 pages are from Facebook. Most of the pages sent over from the social networking giant consist of a single photograph, plus formal details such as the image’s caption, when the image was uploaded, by whom, and who was tagged. Other information released includes Wall posts, messages, contacts, and past activity on the site.

The document was released by the The Boston Phoenix as part of a lengthy feature titled “Hunting the Craigslist Killer,” which describes how an online investigation helped officials track down Philip Markoff. The man committed suicide, which meant the police didn’t care if the Facebook document was published elsewhere, after robbing two women and murdering a third.

via Here’s what Facebook sends the cops in response to a subpoena | ZDNet.

Articles

Selling You on Facebook

Comments Off 09 April 2012

WOW!  Even the Wall Street Journal thinks Facebook’s data collection, data profiling and app-sharing is out of control.

 

From the 4/9/12 WSJ column:

A Wall Street Journal examination of 100 of the most popular Facebook apps found that some seek the email addresses, current location and sexual preference, among other details, not only of app users but also of their Facebook friends. One Yahoo service powered by Facebook requests access to a person’s religious and political leanings as a condition for using it. The popular Skype service for making online phone calls seeks the Facebook photos and birthdays of its users and their friends.

Interactive: How Grabby Are Your Facebook Apps?

View Interactive

Yahoo and Skype say that they seek the information to customize their services for users and that they are committed to protecting privacy. “Data that is shared with Yahoo is managed carefully,” a Yahoo spokeswoman said.

The Journal also tested its own app, “WSJ Social,” which seeks data about users’ basic profile information and email and requests the ability to post an update when a user reads an article. A Journal spokeswoman says that the company asks only for information required to make the app work.

This appetite for personal data reflects a fundamental truth about Facebook and, by extension, the Internet economy as a whole: Facebook provides a free service that users pay for, in effect, by providing details about their lives, friendships, interests and activities. Facebook, in turn, uses that trove of information to attract advertisers, app makers and other business opportunities.

The unconstrained collection of digital data is stirring feelings of distrust among some users.Consumers are being pinned like insects to a pinboard, the way we’re being studied,” said Jill Levenson, a creative project manager at Boys & Girls Clubs of America in Atlanta. She recently deleted nearly 100 apps on Facebook and Twitter, she said, because she was uncomfortable with the way details about her life might be used.

 

Not only are apps obtaining data directly from people’s Facebook accounts, some apps are also letting unapproved advertising companies track users, according to data collected from PrivacyChoice, a start-up that offers privacy services. This could be a violation of Facebook’s advertising policies.

In July 2009, the Office of the Privacy Commissioner of Canada investigated Facebook and discovered that it was sharing too much of users’ personal data with app makers without informing users. “This is no trivial issue: There are close to a million developers out there, scattered across some 180 countries,” said Elizabeth Denham, who was then Canada’s assistant privacy commissioner.

via Selling You on Facebook – WSJ.com.

Articles

Times Square Marriott Injects javascript to break privacy and serve ads

Comments Off 06 April 2012

Apparently, the Time Square Marriott cannot make profit at $ 368/night.

 

The use technology to infect/inject every web page that you view with altered ads.

 

Would we put up with this if they took every magazine in the hotel, replaced all the ads and still sold you the magazine?

 

From JustInsomnia.org:

Marriott is injecting JavaScript into the HTML of every webpage its hotel customers view for the purpose of injecting ads and in the meantime, breaking YouTube. Marriott’s wireless internet service provider is a third-party company called Hotel Internet Services, so it is possible, though unlikely, that Marriott doesn’t know what’s going on. But it’s crazy to me that I’m paying $368 a night for a hotel room, and this is how I get treated.Update: I guess not all press is good press. Ronen Isaac coincidentally of Wlan Mall appears to have taken down the Vimeo video above that did such an excellent job describing how the Revenue eXtraction Gateway worked

via Hotel Wifi JavaScript Injection – Justinsomnia.

Articles

Employer Fires Aide Over Refusal to Give Up Facebook Password

Comments Off 03 April 2012

It’s not just kids anymore – adults with quirky humor, facebooking on their own time, with their own equipment are also being harassed.

 

From Time.com:

A teacher’s aide in Michigan was let go from her job after a school administrator demanded that she turn over her Facebook password and she refused. The aide, Kimberly Hester, is preparing for a legal showdown with the school system. The incident that prompted administrators to ask Hester for her password occurred last spring. According to local news station WSBT, “She jokingly posted a picture of a co-worker’s pants around her ankles and a pair of shoes, with the caption ‘Thinking of you.’” Hester wasn’t using Facebook during school hours or at a school computer, but her brand of humor got her in hot water at work anyway.

via Facebook: Employer Fires Aide Over Refusal to Give Up Facebook Password | Moneyland | TIME.com.

Articles

French and US corporations sell unpatched exploits to highest bidders

Comments Off 31 March 2012

France-based VUPEN is one of the highest-profile firms trafficking in zero-day exploits. Earlier this month at the CanSecWest information security conference, VUPEN declined to participate in the Google-sponsored Pwnium hacking competition, where security researchers were awarded up to $60,000 if they could defeat the Chrome browser’s security and then explain to Google how they did it. Instead, VUPEN—sitting feet away from Google engineers running the competition—successfully compromised Chrome, but then refused to disclose their method to Google to help fix the flaw and make the browser safer for users.

We wouldn’t share this with Google for even $1 million,” said VUPEN founder Chaouki Bekrar. “We don’t want to give them any knowledge that can help them in fixing this exploit or other similar exploits. We want to keep this for our customers.” VUPEN, which also “pwned” Microsoft’s Internet Explorer, bragged it had an exploit for “every major browser,” as well as Microsoft Word, Adobe Reader, and the Google Android and Apple iOS operating systems.

While VUPEN might be the most vocal, it is certainly not the only company selling high-tech weaponry on the zero-day exploit market. Established U.S. companies Netragard, Endgame, Northrop Grumman, and Raytheon are also in the business, according to Greenberg. He has also detailed a price list for various zero-day exploits, with attacks for popular browsers selling for well over $100,000 each and an exploit for Apple’s iOS going for a quarter million.

But who exactly are these companies selling to? No one seems to really know, at least among people not directly involved in these clandestine exploit dealings. VUPEN claims it only sells to NATO governments and “NATO partners.” The NATO partners list includes such Internet Freedom-loving countries as Belarus, Azerbaijan, Ukraine, and Russia. But it’s a safe bet, as even VUPEN’s founder noted, that the firm’s exploits “could still fall into the wrong hands” of any regime through re-selling or slip-ups, even if VUPEN is careful. Another hacker who goes by the handle “the Grugq” says he acts as a middleman for freelance security researchers and sells their exploits to many agencies in the U.S. government. He implies the only reason he doesn’t sell to Middle Eastern countries is they don’t pay enough.

via “Zero-day” exploit sales should be key point in cybersecurity debate | Electronic Frontier Foundation.

Articles

iPad’s ‘Dictation’ sends info to Apple servers

Comments Off 31 March 2012

“Dictation” is one of the features of the new iPad, and it can be used to dictate notes, emails, text messages. But new iPad owners may want to use it sparingly if they’re worried about privacy: the feature sends what you say to Apple’s servers to process the information.

“What I’ve come to learn about Dictation is that it requires more from me to use than I’m comfortable with Apple requesting,” writes Stephen Chapman on ZDNet.

via iPad’s ‘Dictation’ sends info to Apple servers – Technolog on msnbc.com.

Articles

Is Your New HDTV Watching You?

Comments Off 31 March 2012

Samsung UN65ES8000; group photo ©iStockphoto.com/Jennifer Byron

Samsung’s 2012 top-of-the-line plasmas and LED HDTVs offer new features never before available within a television including a built-in, internally wired HD camera, twin microphones, face tracking and speech recognition. While these features give you unprecedented control over an HDTV, the devices themselves, more similar than ever to a personal computer, may allow hackers or even Samsung to see and hear you and your family, and collect extremely personal data.

While Web cameras and Internet connectivity are not new to HDTVs, their complete integration is, and it’s the always connected camera and microphones, combined with the option of third-party apps (not to mention Samsung’s own software) gives us cause for concern regarding the privacy of TV buyers and their friends and families.

Samsung has not released a privacy policy clarifying what data it is collecting and sharing with regard to the new TV sets. And while there is no current evidence of any particular security hole or untoward behavior by Samsung’s app partners, Samsung has only stated that it “assumes no responsibility, and shall not be liable” in the event that a product or service is not “appropriate.”

Samsung demoed these features to the press earlier this month. The camera and microphones are built into the top if the screen bezel in the 2012 8000-series plasmas and are permanently attached to the top of the 7500- and 8000ES-series LED TVs.

via Is Your New HDTV Watching You? | HD Guru.

Articles

Cybercops traced Toulouse massacre suspect through IP address

Comments Off 31 March 2012

The IP address of a computer used to view a motorbike sales ad posted by an early victim of the Toulouse gunman played a vital role in narrowing down Mohamed Merah as the main suspect in a series of attacks that have horrified France, it has emerged.

French soldier Imad Ibn-Ziaten posted a video of the motorbike he wanted to sell online. The paratrooper was killed on 11 March after he invited someone who posed as a prospective buyer to his house.

Le Monde reports (Google translation here) that the ad was viewed by about 500 people. Cyber police narrowed down the list of likely suspects to those who lived in and around Toulouse in south-west France. This search was intensified after Ibn-Ziaten’s assassination was linked to the slaughter of three children and a rabbi at a Jewish school in Toulouse on Monday, 19 March.

In addition, Le Monde added, a motorcycle dealer had reported a suspicious conversation with someone who wanted to know whether it was possible to remove an anti-theft tracking device from a Yamaha scooter just days before the vehicle was stolen on 6 March and before the first attacks against French soldiers. The twin strands of evidence allowed police to compile a shortlist of suspects.

Merah was already under surveillance by French authorities and the use of an IP address, which was linked to his brother’s house, to view Ibn-Ziaten’s motorcycle video made him a prime suspect in the case.

via Cybercops traced Toulouse massacre suspect through IP address • The Register.

Articles

Brazilian city uses computer chips embedded in school uniforms to keep track of students – 3/22/2012 2:11:33 PM | Newser

Comments Off 31 March 2012

Twenty thousand students in 25 of the of Vitoria da Conquista’s 213 public schools started using T-shirts with chips earlier this week, secretary Coriolano Moraes said by telephone.

By 2013, all of the city’s 43,000 public school students _ aged 4 to 14 _ will be using the chip-embedded T-shirts, he added.

The “intelligent uniforms” tell parents when their children enter the school building by sending a text message to their cell phones. Parents are also alerted if kids don’t show up 20 minutes after classes begin with the following message: “Your child has still not arrived at school.”

“We noticed that many parents would bring their children to school but would not see if they actually entered the building because they always left in a hurry to get to work on time,” Moraes said in a telephone interview. “They would always be surprised when told of the number times their children skipped class.

via Brazilian city uses computer chips embedded in school uniforms to keep track of students – 3/22/2012 2:11:33 PM | Newser.

Articles

Japanese camera can scan 36 million faces per second

Comments Off 31 March 2012

Could governments and private corporations recognise ANYONE instantly via CCTV?  Remember that

  • London is the most densely surveilled city in the world
  • The Occupy Wallstreet protesters were heavily surveillanced – audio, video, cell phone towers, photos, police checks – everything
  • NYC is aiming to be as camera-surveillance dense as London

A new camera technology from Hitachi Hokusai Electric can scan days of camera footage instantly, and find any face which has EVER walked past it.

Its makers boast that it can scan 36 million faces per second.

The technology raises the spectre of governments – or other organisations – being able to ‘find’ anyone instantly simply using a passport photo or a Facebook profile.

The software from Hitachi Hokusai electric can scan through 36 million faces a second looking for its ‘target’. The software can scan through days of CCTV footage almost instantly

The software from Hitachi Hokusai electric can scan through 36 million faces a second looking for its ‘target’. The software can scan through days of CCTV footage almost instantly

The ‘trick’ is that the camera ‘processes’ faces as it records, so that all faces which pass in front of it are recorded and stored instantly.

via Could governments recognise ANYONE instantly via CCTV? Japanese camera can scan 36 million faces per second | Mail Online.

Articles

Is Your Dating Site Selling Your Profile?

Comments Off 28 March 2012

If your data is out there, it WILL get sold…for pennies.

From Betabeat:

Angela, who asked that her last name be withheld, has been dating online for years. But she never imagined her profile was for sale on the open market, or that it now appears on MeetGirlsGuys.com, which she never signed up for. “I have never even heard of that site!” she said, adding that she lives in Texas, not Alabama, and the photo is at least seven years old.

Online dating is a fast-growing industry, with current revenues estimated to run between $1.5 and $3 billion a year. But every new dating site faces the same problem: finding souls to mate. Recruiting new customers is expensive; industry experts put the customer acquisition price at $1 to $5 per person.

SaleDatingProfiles and its competitors BuyProfiles.com and DatingProfilesSale.com offer a shortcut. They sell bulk packages of profiles that seem to include a fair number of actual singles alongside somewhat more questionable Russian beauties, Nigerian bankers and half-empty profiles, which sometimes sell for less than a dime a dozen.

via Is Your Dating Site Selling Your Profile? To Keep Membership High, Niche Sites Get Sly | Betabeat — News, gossip and intel from Silicon Alley 2.0..

Articles, News

What can we learn from the Dharun Ravi case?

Comments Off 21 March 2012

What can we learn from the Dharun Ravi case?

1) All the evidence was digital / social media

2) Dharun’s computers & phones self-incriminated him

They relied primarily on statements that Ravi made through conversations and text messages with friends as well as actions that he took using technology and social media without Clementi’s initial knowledge, to establish his bias and intent to intimidate. It was questionable whether this unorthodox approach toward establishing Dharun Ravi’s mental state would hold water with the jury.
http://www.huffingtonpost.com/matt-semino/dharun-ravi-trial_b_1365027.html

3) Because of a teenager’s stupid mistakes, 2 families are destroyed. Tyler Clemente’s lost a son. Dharun Ravi’s lost a future.

4) Social media bullying is a new field of evidence capture and prosecution

5) Do YOU understand that a computer or smartphone is a loaded handgun or a live grenade? It can hurt others, and blow your hand off?

Can you teach your kids the important lessons from this trial?

Continue Reading

accountants, Articles, attorneys, Events, Presentations

Nassau County Bar Attorneys & Accountants Committee 2/27/12

Comments Off 27 February 2012

The Nassau County Bar Attorneys Accountants Committee has asked me to present on selected Cyber-Security topics.

 

When; Feb 27, 2012

Where: Nassau County Bar Association

15th & West Streets

Mineola, NY 11501

516-747-4070

 

One of the topics we discussed is the role of the of the Cyberforensics examiner when encountering Child Porn (CP).

 

The consensus from the Attorneys, Accountants and CFEs was that anything found during the examination is covered by attorney-client privilege.

That view conflicts with federal laws.  Unlike any other type of evidence, merely possessing more than 3 pieces of CP is a Federal Offense.

 

Attorneys have been prosecuted for possessing CP while they were conducting research on behalf of their client.  See the case of Attorney Leo Thomas Flynn at http://www.brunolaw.com/prosecution-serves-as-warning.html

 

My reading of the Leo Flynn case says that he won on a technicality – South Dakota state laws allow Attorneys to view/research CP during an active case.  As do several other states.

However, Federal law offers no such immunity.

 

Most Forensics Examiners, myself included, will notify Law Enforcement if/when I encounter CP during the course of a forensics examination.

Unlike attorneys, Cyberforensics Examiners, Accountants, etc do NOT have a attorney-client privilege shield, and CP is one of the exemptions to Attorney-client privilege.

 

In my opinion, I think the fundamental error that attorneys have with CP is that they think that if someone downloaded CP, it is a crime that occurred in the past.

If a client commits a crime and tells his or her attorney about a past-deed, the attorney is legally and morally obligated to stay silent about it.

 

However, having CP stored on your harddrive is NOT a crime in the past.  It is a crime in the present.

Therefore, if you as the attorney take

 

Think of CP as plutonium – if you found plutonium and put it in your pocket, the activity of finding plutonium occurred in the past.  The damage caused by radiation however, is an ongoing and present danger.  Similar rules apply here.  The client may have downloaded or acquired CP in the past, but the mere possession of it by anyone NOT in Law Enforcement, is illegal.

 

So attorneys, CFEs, etc, please interview your clients regarding CP before you take on the case – or as soon as you suspect it.

You CANNOT shield your client if they have more than 3 items of CP.

Possessing CP is an active crime, and must be reported to law enforcement asap.  Otherwise, the DAs office, FBI or Secret Service will put you through years of litigation hell, as they did Leo Thomas Flynnhttp://www.brunolaw.com/prosecution-serves-as-warning.html

 

Learn More

http://www.brunolaw.com/prosecution-serves-as-warning.html

http://www.giancolalaw.com/news/Duty-Privilege-and-Immunity.html

http://mntech.typepad.com/msba/2010/03/why-divorce-lawyers-should-get-up-to-speed-on-cybercrime-law.html

http://www.floridalawreview.com/2010/giannina-marin-possession-of-child-pornography-should-you-be-convicted-when-the-computer-cache-does-the-saving-for-you/

http://articles.forensicfocus.com/2011/11/22/is-your-client-an-attorney-be-aware-of-possible-constraints-on-your-investigation-part-2-of-a-multi-part-series/

http://sogweb.sog.unc.edu/blogs/ncclaw/?p=1346

http://www.americanbar.org/newsletter/publications/youraba/201203article04.html

 

What to teach your kids about Social Media

Comments

Thanks Raj Scott Dunkerley Regional Manager Security- SLED South-West Cisco SecureX (Scott Dunkerley)

Quote Rotator

Loading Quotes...

© 2012 Raj Goel, CISSP. Powered by WordPress.

Daily Edition Theme by WooThemes - Premium WordPress Themes