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Ethical Decision Making

November 26, 2014 8:13 am | by Sean Harrington | Articles | Comments

Effective training in professional ethics doesn’t primarily consist of rote memorization of rules, but instead must prepare the examiner in the art of ethical issue spotting. Similarly, an effective code of ethics consists not only of certain static core principles, but also may consist of components that can be adapted over time to keep pace with the law and with professional norms.

Cell Phone Tracking via Call Detail Records

November 25, 2014 7:07 am | by Larry E. Daniel | Blogs | Comments

We live in a world today where individuals’ movements and locations are being recorded in...

Cell Phone Tracking via Call Detail Records

November 19, 2014 10:34 am | by Larry E. Daniel | Blogs | Comments

We live in a world today where individuals’ movements and locations are being recorded in many...

Senate Blocks Shutdown of NSA Phone Records Collection

November 19, 2014 9:06 am | by Ken Dilanian, Associated Press | News | Comments

The Senate on Tuesday blocked a bill to end bulk collection of Americans' phone records by the...

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Cocaine dealers, bank robbers and carjackers converge at Manchester Federal Prison in rural Kentucky — and then there is Jeremy Hammond, a tousle-haired and talented hacker whose nimble fingers have clicked and tapped their way into the nation's computing

FBI Breeched Hacktivist with His Own Weak Password

November 13, 2014 9:33 am | by Martha Mendoza, Associated Press | News | Comments

Cocaine dealers, bank robbers and carjackers converge at Manchester Federal Prison in rural Kentucky — and then there is Jeremy Hammond, a tousle-haired and talented hacker whose nimble fingers have clicked and tapped their way into the nation's computing systems. Once the FBI's most-wanted cyber criminal, Hammond is serving one of the longest sentences a U.S. hacker has received.

Most stories about child pornography focus on high-profile offenders such as priests and college professors or on attempts by victims to recover damages from offenders. Fewer stories focus on the people who voluntarily enter this world to catch the offend

Pa AG's Agents Wage Battle against Child Pornographers

November 12, 2014 10:34 am | by Brian Bowling, TribLive | News | Comments

Most stories about child pornography focus on high-profile offenders such as priests and college professors or on attempts by victims to recover damages from offenders. Fewer stories focus on the people who voluntarily enter this world to catch the offenders and save some of the victims. 

He reveled in tormenting members of the Bush family, Colin Powell and a   host of other prominent Americans, and also in outfoxing the F.B.I. and the   Secret Service, foiling their efforts to discover even his nationality, never   mind his identity. Earl

For Guccifer, Hacking Was Easy. Prison is Hard.

November 11, 2014 10:47 am | by Andrew Higgins, The New York Times | News | Comments

He reveled in tormenting members of the Bush family, Colin L. Powell and a host of other prominent Americans, and also in outfoxing the F.B.I. and the Secret Service, foiling their efforts to discover even his nationality, never mind his identity. Early this year, however, the elusive online outlaw known as Guccifer lost his cocky composure and began to panic.

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It only took about one month from the time the Silk Road drug-dealing website   was busted for a successor to be created. Silk Road 2.0 took steps beyond   those of the first version of the website to remain anonymous, but those   steps weren't enough to

Silk Road 2.0 Had Someone Inside from the Start

November 7, 2014 11:33 am | by Joe Mullin, Ars Technica | News | Comments

It only took about one month from the time the Silk Road drug-dealing website was busted for a successor to be created. Silk Road 2.0 took steps beyond those of the first version of the website to remain anonymous, but those steps weren't enough to protect the site from old-fashioned human infiltration.

One of the founders of popular file-sharing website The Pirate Bay has been arrested under an Interpol warrant as he was crossing into Thailand from Laos, police said Tuesday.

Pirate Bay Co-founder Arrested at Thai-Lao Border

November 5, 2014 9:43 am | by Thanyarat Diksone, Associated Press | News | Comments

One of the founders of popular file-sharing website The Pirate Bay has been arrested under an Interpol warrant as he was crossing into Thailand from Laos, police said Tuesday.                     

A Virginia circuit court judge has ruled that smartphone users can be compelled to give up their fingerprint, but not their passcodes, allowing police to search their devices.

Va Police Can Now Force Smartphones to be Unlocked with a Fingerprint

November 3, 2014 8:53 am | by Zack Whittaker | Blogs | Comments

A Virginia circuit court judge has ruled that smartphone users can be compelled to give up their fingerprint, but not their passcodes, allowing police to search their devices.                     

A Danish court has sentenced the Swedish founder of file-sharing site The Pirate Bay to 3½ years in prison after he was found guilty of hacking into a private company handling sensitive information for Danish authorities.

Pirate Bay Founder Sentenced for Hacking Danish Data

October 31, 2014 10:45 am | by Associated Press | News | Comments

A Danish court has sentenced the Swedish founder of file-sharing site The Pirate Bay to 3½ years in prison after he was found guilty of hacking into a private company handling sensitive information for Danish authorities.        

While revelations from Edward Snowden about the National Security Agency’s massive database of phone records have sparked a national debate about its constitutionality, another secretive database has gone largely unnoticed and without scrutiny.

Va Police Agencies Stockpile Private Phone Records

October 27, 2014 11:20 am | by G.W. Schulz, The Center for Investigative Reporting | News | Comments

While revelations from Edward Snowden about the National Security Agency’s massive database of phone records have sparked a national debate about its constitutionality, another secretive database has gone largely unnoticed and without scrutiny.

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The head of a sophisticated cybercrime ring which stole over $9 million from payment processor Worldpay back in 2008 has been sentenced to a hefty 11 years behind bars.

Estonian Ringleader Gets 11 Years for ATM Hack

October 27, 2014 10:56 am | by Infosecurity Magazine | News | Comments

The head of a sophisticated cybercrime ring which stole over $9 million from payment processor Worldpay back in 2008 has been sentenced to a hefty 11 years behind bars.                        

Contact Opposing Counsel After Inadvertent Disclosure

October 24, 2014 9:53 am | by Joshua Gilliland, Esq. | Blogs | Comments

What happens when a lawyer inadvertently produces an attorney protected by the attorney-client privilege? A Magistrate Judges and District Court Judge orders the receiving party to destroy the inadvertently produced email.  

Can You Ask the Court to Order a Party to Follow the Duty to Preserve?

October 21, 2014 8:52 am | by Joshua Gilliland, Esq. | Blogs | Comments

There are no shortage of cases where the duty to preserve has gotten attorneys and parties a like in trouble. However, it is difficult to ask a Court to order a party to “follow the rules,” because the party already has a duty to so. However, if there is evidence of wrongdoing by the party that was subject to the duty to preserve, the outcome could be different.

The U.S. Justice Department has piled on more charges against alleged cybercrime kingpin Roman Seleznev, a Russian national who made headlines in July when it emerged that he’d been whisked away to Guam by U.S. federal agents while vacationing in the Mald

Seleznev Arrest Explains '2Pac' Downtime

October 16, 2014 11:03 am | by Editor | Blogs | Comments

The U.S. Justice Department has piled on more charges against alleged cybercrime kingpin Roman Seleznev, a Russian national who made headlines in July when it emerged that he’d been whisked away to Guam by U.S. federal agents while vacationing in the Maldives.

Calling him "a leader in the marketplace for stolen credit card numbers," federal prosecutors added 11 new charges against a Russian man they say hacked into U.S. businesses to steal information that he allegedly sold on Internet "carding" sites.

Russian Hacker Gets More Charges Added to Indictment

October 10, 2014 9:37 am | by Martha Bellisle, Associated Press | News | Comments

Calling him "a leader in the marketplace for stolen credit card numbers," federal prosecutors added 11 new charges against a Russian man they say hacked into U.S. businesses to steal information that he allegedly sold on Internet "carding" sites.

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New court documents released this week by the U.S. government in its case against the alleged ringleader of the Silk Road online black market and drug bazaar suggest that the feds may have some ‘splaining to do.

Silk Road Lawyers Poke Holes in FBI's Story

October 3, 2014 9:28 am | by Editor | Blogs | Comments

New court documents released this week by the U.S. government in its case against the alleged ringleader of the Silk Road online black market and drug bazaar suggest that the feds may have some ‘splaining to do.           

Four members of an international computer hacking ring have been charged with breaking into computer networks of prominent technology companies and the U.S. Army and stealing more than $100 million in intellectual property and other proprietary data.

Four Hackers Indicted for Stealing Gaming Technology, Army Software

October 1, 2014 9:41 am | by DoJ | News | Comments

Four members of an international computer hacking ring have been charged with breaking into computer networks of prominent technology companies and the U.S. Army and stealing more than $100 million in intellectual property and other proprietary data.

The United States Supreme Court’s ruling in Riley v. US may not have been much of a surprise to American law enforcement. Many agencies were already requiring officers to obtain search warrants before searching mobile devices. Ultimately, rather than limi

Mobile Device Search and Seizure in a Post-Riley World

October 1, 2014 8:26 am | by Christa Miller | Cellebrite USA, Inc. | Articles | Comments

The United States Supreme Court’s ruling in Riley v. US may not have been much of a surprise to American law enforcement. Many agencies were already requiring officers to obtain search warrants before searching mobile devices. Ultimately, rather than limiting law enforcement, the Riley decision frees agencies to deploy mobile data extraction capabilities across a much wider field of officers.

A Pakistani man has been indicted in the Eastern District of Virginia for allegedly conspiring to advertise and sell StealthGenie, a spyware application (app) that could monitor calls, texts, videos and other communications on mobile phones without detect

Pakistani Man Indicted for Selling Spyware App

September 30, 2014 10:25 am | by DoJ | News | Comments

A Pakistani man has been indicted in the Eastern District of Virginia for allegedly conspiring to advertise and sell StealthGenie, a spyware application (app) that could monitor calls, texts, videos and other communications on mobile phones without detection. This marks the first-ever criminal case concerning the advertisement and sale of a mobile device spyware app.  

FBI Director James B. Comey sharply criticized Apple and Google recently for developing forms of smartphone encryption so secure that law enforcement officials cannot easily gain access to information stored on the devices — even when they have valid sear

FBI Blasts Apple, Google for Blocking Phones from Police Investigation

September 26, 2014 10:13 am | by Craig Timberg and Greg Miller, The Washington Post | News | Comments

FBI Director James B. Comey sharply criticized Apple and Google recently for developing forms of smartphone encryption so secure that law enforcement officials cannot easily gain access to information stored on the devices — even when they have valid search warrants.

State v. Brown is a pending criminal case in Essex County, New Jersey involving allegations that the defendant tweeted a nude video of his former girlfriend. The defendant is charged with two counts of invasion of privacy for allegedly covertly videotapin

New Jersey Case Highlights Need for Clarity on Digital Forensics Testimony

September 26, 2014 9:07 am | by Matthew Adams | Blogs | Comments

State v. Brown is a pending criminal case in Essex County, New Jersey involving allegations that the defendant tweeted a nude video of his former girlfriend. The defendant is charged with two counts of invasion of privacy for allegedly covertly videotaping the woman as she got ready to take a shower. 

Should You Say "I Don’t Know" on the Witness Stand?

September 26, 2014 8:17 am | by Elaine M. Pagliaro | Articles | Comments

It goes without saying that the expert will understand the scientific basis of the testing that was done. However, even the most educated and experienced persons have gaps in their knowledge and experience. In most cases, what you don’t know will have no effect on the outcome of a trial.

Using Metadata in Litigation

September 23, 2014 5:37 am | by Andy Spore | Articles | Comments

When it comes to metadata as part of a litigation strategy, we mostly see it used as supporting information about the data. It is unusual, but not unheard of, to see metadata used directly as evidence. That is likely to change as more people understand the role metadata can have in developing legal strategy. With proper forensic analysis, metadata can help highlight patterns, establish timelines, and point to gaps in the data.

The US Department of Justice (DOJ) is proposing a power grab that would make it easier for domestic law enforcement to break into computers of people trying to protect their anonymity via Tor or other anonymizing technologies.

Tor Users Could be FBI's Main Target if Legal Power Grab Succeeds

September 22, 2014 10:33 am | by Lisa Vaas | Blogs | Comments

The US Department of Justice (DOJ) is proposing a power grab that would make it easier for domestic law enforcement to break into computers of people trying to protect their anonymity via Tor or other anonymizing technologies.       

In many cases, the American judicial system doesn’t view an encrypted phone as an insurmountable privacy protection for those accused of a crime. Instead, it’s seen as an obstruction of the evidence-gathering process, and a stubborn defendant or witness c

Courts See an Encrypted Phone as Evidence Obstruction

September 22, 2014 10:27 am | by Andy Greenberg, Wired | News | Comments

In many cases, the American judicial system doesn’t view an encrypted phone as an insurmountable privacy protection for those accused of a crime. Instead, it’s seen as an obstruction of the evidence-gathering process, and a stubborn defendant or witness can be held in contempt of court and jailed for failing to unlock a phone to provide that evidence.

Forty-Three Accused of Running Cybersex Ring in Philippines

September 18, 2014 10:42 am | by Associated Press | News | Comments

Philippine authorities arrested 43 suspected members of a syndicate that runs a lucrative online cybersex operation catering to clients worldwide, officials said Thursday.                       

A federal appeals court said the US Navy's scanning of the public's computers for images of child pornography constituted "a profound lack of regard for the important limitations on the role of the military in our civilian society."

Court Reprimands US Navy for Scanning Civilian Computers for Child Porn

September 17, 2014 11:28 am | by David Kravets, Ars Technica | News | Comments

A federal appeals court said the US Navy's scanning of the public's computers for images of child pornography constituted "a profound lack of regard for the important limitations on the role of the military in our civilian society."     

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