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Offence of defamation on Facebook

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CFEx
 CFEx
(@cfex)
Trusted Member
Joined: 16 years ago
Posts: 69
 

The weirdest post I have read in this Forum!

Good luck with that.


   
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(@mindsmith)
Estimable Member
Joined: 20 years ago
Posts: 174
 

Phoebe

One thing to check with your Prosecutor/LEA is if their current Intercept solution can natively decode Facebook chats?. As I recall FB chat is not only Ajaz based, but its also non cached, compressed data streams.

Not all LI solutions can decode different data types natively; so a copy of the target tcpdump session may be what is required, and then some extraction of the gzip data and slight ‘massaging’ should get you the content you are looking for.

Again all this assumes that the offender repeats the offense during the intercept warrant period.

Best bet try to subpoena all related data from FB, obtain info from known friends that may have received copies of the posting(s), possibly get a wiretap/intercept order, and cover the fundamentals ie scour the hard drive (as suggested by others) just in case the offender made the mistake of repeating what they said via FB chat in an email, or other IM client to their friends…

Ps Facebook Visualiser is a very useful tool for mapping connections of a target within FB. This is still in beta and available to LEAs only at present.

Good luck.


   
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Phoebe010
(@phoebe010)
Active Member
Joined: 16 years ago
Posts: 14
Topic starter  

Hi CFEx

… weirdest.. why? what do u mean? -)


   
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Phoebe010
(@phoebe010)
Active Member
Joined: 16 years ago
Posts: 14
Topic starter  

Phoebe

One thing to check with your Prosecutor/LEA is if their current Intercept solution can natively decode Facebook chats?. As I recall FB chat is not only Ajaz based, but its also non cached, compressed data streams.

Not all LI solutions can decode different data types natively; so a copy of the target tcpdump session may be what is required, and then some extraction of the gzip data and slight ‘massaging’ should get you the content you are looking for.

Again all this assumes that the offender repeats the offense during the intercept warrant period.

Yes, u r right..anymay but now intercept solution doesnt seem possible

Best bet try to subpoena all related data from FB, obtain info from known friends that may have received copies of the posting(s), possibly get a wiretap/intercept order, and cover the fundamentals ie scour the hard drive (as suggested by others) just in case the offender made the mistake of repeating what they said via FB chat in an email, or other IM client to their friends…

i think the same thing, ill have a look at all those digital evidences that potentially can tie up with that offence.

Ps Facebook Visualiser is a very useful tool for mapping connections of a target within FB. This is still in beta and available to LEAs only at present.
thank for your support
Good luck.


   
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(@belkasoft)
Estimable Member
Joined: 17 years ago
Posts: 169
 

Hi everybody

Im writing to ask you an advice about to perform a digital forensics investigation to demonstrate the guilty of offence of defamation on Facebook…

thank u very much.

Phoebe010

If you have Live RAM dump, you can find the most recent conversations and group chats there. Also, there is a possibility to carve them out of pagefile.sys and hiberfil.sys. Our software can do so.


   
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(@infoseced)
New Member
Joined: 16 years ago
Posts: 2
 

NOTE - You may not be able to cull enough data to establish, defamation.

1. A publication / posting to other than the "defamed"
2. These need to be proven as unsubstantiated / non-factual claims or what was written by the plaintiff are lies.
3. There are cases depending on the plaintiff, that ACTUAL MALICE ha

A couple of more things. There are multiple lines of defense, from TRUTH, innocent dissemination, fair comment, etc.

So somewhat tough. If posted on Facebook.
Tips…..
1. Subpoena, plaintiff's content and site.
2. Subpoena, defendants content and site.
3. Subpoena, defendants access / authentication records to the site including source IP, user-agent, and a few other things.

Simply you can then circumstantially prove via chronology, corroboration, etc, even if you do not have the CHAT logs or actual post….Defendant X's account was authenticated @ X time, further at Y corresponding time posting A occurred. For which Defendant X has Z "Friends"….Blah…BLah…

Remember stick to that. As the ultimate defense is simply "I was hacked" and it was not me that posted those things. Hope this helps a little.


   
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lucpel
(@lucpel)
Trusted Member
Joined: 14 years ago
Posts: 55
 

It seems very difficult to me. Even if you know the identity of the suspicious, your Prosecutor will have to ask permission to FB, and considering FB servers are located in another country than yours, it will be legally difficult. Also as i know DEFAMATION in most jurisdictions is a private action crime, so that makes it worse.

Nevertheless, if the suspicious has published the defamation material in FB(like in your FB mural) , that could be considered PUBLIC INFORMATION because is available for some people, so to get that proof you wouldn't need to get legal authorization.


   
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lucpel
(@lucpel)
Trusted Member
Joined: 14 years ago
Posts: 55
 

Just to complete….. I find very difficult to consider a DEFAMATION crime which evidence founded is just a SINGLE CHAT CONVERSATION, because DEFAMATION requires that the information revealed is harmful, fake, and pretends to damage the reputation of someone…


   
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(@jasonjordaan)
Eminent Member
Joined: 18 years ago
Posts: 30
 

I would suggest that your prosecutor try and make use of the provisions in the European Convention on Cyber Crime to request the preservation of data held by Facebook in the United States, and then to follow up with an MLAT request.


   
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(@mistermister)
Active Member
Joined: 18 years ago
Posts: 18
 

Does anyone have contact details for the Facebook legal department for requests in the UK?

Thanks


   
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