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Expert or attorney for computer forensics laws out there?

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(@cmledbet)
Posts: 4
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Topic starter
 

When I told my attorney that I had a yahoo email account, I had to explain what that was. Does anyone know of a good divorce attorney in Knoxville, TN familiar with computer forensic laws? Or an expert who can consult to give me or my lawyer advice on what my soon to be ex can or cannot do legally?

Example: My computer (considered marital property) has been confiscated for data recovery of my personal emails, etc. I have found FRCP 26(a) Required Disclosures in which I should have been provided a copy of, or a description by category and location of, …data compilations …that the disclosing party may use to support its claim of defenses…identifying the subject of the information.

I have not been given any sort of documentation relating to what they are specifically looking for, nor where my computer has been taken. Hubby took it to his lawyer. I have requested such information from his attorney this morning, but have received no response yet.

Thanks.

Cindy

 
Posted : 13/04/2005 6:59 pm
(@gmarshall139)
Posts: 378
Reputable Member
 

I find from trying to market my services (and also from the experiences of some other examiners here) that attorney's are often not aware of the practice of computer forensics. It is a relatively new field that is used far more often in the criminal courts than the civil. There it's more cut and dry as to what constitutes a legal search and siezure.

 
Posted : 13/04/2005 7:42 pm
(@cmledbet)
Posts: 4
New Member
Topic starter
 

Thank you Greg. You have been most knowledgable and helpful.

Cindy

 
Posted : 13/04/2005 7:46 pm
(@gmarshall139)
Posts: 378
Reputable Member
 

You may also want to review this thread:

http://www.forensicfocus.com/index.php?name=Forums&file=viewtopic&t=140

We discussed the issue a few weeks ago.

 
Posted : 13/04/2005 8:23 pm
(@reverendlex)
Posts: 23
Eminent Member
 

Fed Rules of Civil Procedure (FRCP) won't be relevant, since this is (I'm assuming) a divorce case. Family law is inherently a state law issue. You'd need to find the equivalent TN rule on discovery.

If the computer is truly joint property, hubby can take it and dispose of it as he wishes - it's jointly held, like a joint checking account, which either of you can spend. No subpoena would be needed to investigate it.

I'm unfamiliar with TN law, so don't take this as legal advice.

If you were using Yahoo email, your email should be safe unless they subpoena Yahoo. Anything you saved to your computer, on the other hand is open game.

 
Posted : 13/04/2005 9:01 pm
(@gmarshall139)
Posts: 378
Reputable Member
 

If you were using Yahoo email, your email should be safe unless they subpoena Yahoo. Anything you saved to your computer, on the other hand is open game.

This is actually not true. Web mail, Yahoo, Hotmail, or otherwise, can be recovered from the temporary internet files.

 
Posted : 14/04/2005 2:28 am
(@smoshlak)
Posts: 1
New Member
 
Cindy-

I read your note and I'll offer some free professional advice. Most attorneys are not "computer geeks." I've met a few that are up there, but they are very far and few between. The purpose of an "Expert Witness" is to assist the client, in establishing the facts of the case. A good "Expert-Witness" will work closely with the attorney to see that these facts are acquired during the discovery phase and if necessary, brought out at the trial phase.

From what you mentioned, it has been my experience that the computer must be made available for discovery purposes. When an "Expert-Witness" is retained and the proper writ is issued, s/he will go out to the site and duplicates / replicates what is on the hard drive, at that particular time.

As far as your husband "confiscating" your computer, his computer is also "fair game" and I would suggest that you discuss this with your counsel. In addition, I would strongly suggest that if your husband did take the machine, without your consent, that you bring this to your counsel's attention and retain an "Expert-Witness" to help with the immediate return of your computer. A concern-in-chief, especially in this type of matter, is that the opposing party to an action has custody of where the storage of data and information resides. As a result of lack of a reasonable "chain of custody" between you and the opposition's expert. If true, there is a strong probability that the opposing party did some "snooping" before any expert the opposition retained and as a result, data files may have been created, altered or deleted, by the same party, since you last had custody of the machine.

Another concern I have is that I certainly hoped that the opposition served you with the appropriate papers and the opposing party didn't enter your residence, without your permission and remove your computer, without your prior consent or knowledge.

Regards,

Steve

 
Posted : 27/04/2005 12:24 am
(@lrlamb)
Posts: 2
New Member
 

I am a lawyer in Albany, Georgia, with a fairly broad-based litigation practice. Recently, however, I have begun to focus my practice on cases involving computer forensics and other matters involving digita and electronic evidence. I am a proficient user of Forensic ToolKit, and I have the appropriate hardware/software to image and preserve hard drives and other computer media. I have worked closely with computer forensics examiners, and I am available to assist both with technical and strategic issues in such cases, including the strategies for presenting (and challenging) digital evidence in the courtroom. If I can assist you, please e-mail me at lrlamb@bellsouth.net.

 
Posted : 05/05/2005 9:28 pm
(@armresl)
Posts: 1011
Noble Member
 

Mr. Lamb,

Which FTK courses did you take, and what was your opinion on them?

Best wishes,

Darren

 
Posted : 10/05/2005 6:43 pm
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