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Acting as a police agent once you contact law enforcement?

Discussion of legislation relating to computer forensics.
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BitHead
Senior Member
 

Re: Acting as a police agent once you contact law enforcement?

Post Posted: Aug 16, 08 19:21

- Audio
Perfect, I'm reading through those links/rulings now BitHead, thanks!
I see that you have also posted some other "homework" questions, where are you going to school and what are you taking?

Also what are your current references/text books? I find this a handy reference (albeit a little dated):
E-commerce Law & Business
By Mark E. Plotkin, Bert Wells, Kurt A. Wimmer
Published by Aspen Publishers Online, 2003
ISBN 0735541477, 9780735541474

As to your other two questions, there has been plenty written on exceptions to the hearsay rule and FRE in regard to computer records. Check out some of the recently written papers on eDiscovery.  
 
  

trewmte
Senior Member
 

Re: Acting as a police agent once you contact law enforcement?

Post Posted: Aug 16, 08 22:10

After seeing you agree with Bithead comments, is that what you meant Audio?

Your comments were a bit cryptic, so we in the office were thinking that you had done a bit of hacking, perhaps passed yourself off as a police officer so as to cover your tracks, because you were handling an investigation, and may have got caught. Hence our post about people pretending to be police officer when you weren't.
_________________
Institute for Digital Forensics (IDF) - www.linkedin.com/groups/2436720
Mobile Telephone Examination Board (MTEB) - www.linkedin.com/groups/141739
Universal Network Investigations - www.linkedin.com/groups/13536130
Mobile Telephone Evidence & Forensics trewmte.blogspot.com 
 
  

Audio
Senior Member
 

Re: Acting as a police agent once you contact law enforcement?

Post Posted: Aug 16, 08 22:26

BitHead: I'm majoring in Information Security, but the questions I have were from my own reading of various books. I think the questions I have will probably be answered after I'm done reading the links you have provided. Thanks Smile

trewmte: No I was asking the question as someone who is into Information Security (detection and response), not as a criminal. Smile  
 
  

LarryDaniel
Senior Member
 

Re: Acting as a police agent once you contact law enforcement?

Post Posted: Aug 22, 08 20:56

Here is an example to ponder from a hypothetical case.

LE asked a university to preserve evidence relating to emails on their server and verbally asked them to preserve backup files of a personal directory once notified by the university that they contained contraband material. The university's IT people went outside the scope of the search on their own when backing up the drive and discovering the contraband.

However, the actual supoena, issued after verbal contact by LE with the univeristy, never requested data from the drives, only email.

It looks like the university became an agent of the government once they acted on the verbal request of LE without a supoena, requiring them to meet 4th amendent search guidelines.

What do you think?
_________________
Larry E. Daniel
DFCP, EnCE, BCE, ACE, AME, CTNS , CTA, CWA
Guardian Digital Forensics
"An Envista Forensics Company" 
 
  

u2bigman
Member
 

Re: Acting as a police agent once you contact law enforcemen

Post Posted: Aug 22, 08 21:15

LD--

I am not an attorney, do not even play one on TV, but my unsworn thoughts:

(1) Absolutely nothing in my dealings with LE is verbal. Put it in writing, on a letterhead, preferably over a judge's signature.

(2) Run this document through Legal. No legal department? For shame.

(3) Decide how to bill this effort. All time must be billed in a university, no? Same for a public company.

(4) Are not backups made routinely? Of course they are. Would these standard backups meet the needs of LE? Minutes of the relevant meetings between LE, IT and Legal should address this issue specifically.

So I cannot see myself in this situation sans a serious paperwork (and legal) trail to CMA. Once LE enters the scene one is well-advised to at least consider the possibility that their real target is you.  
 
  

LarryDaniel
Senior Member
 

Re: Acting as a police agent once you contact law enforcement?

Post Posted: Aug 22, 08 21:38

Ok, I confess it is a real case I worked on and I already know the answers. Stuff like this really happens folks.
_________________
Larry E. Daniel
DFCP, EnCE, BCE, ACE, AME, CTNS , CTA, CWA
Guardian Digital Forensics
"An Envista Forensics Company" 
 

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