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.
There are no shortage of cases where the duty to preserve has gotten attorneys and parties...
The U.S. Justice Department has piled on more charges against alleged cybercrime kingpin...
Calling him "a leader in the marketplace for stolen credit card numbers," federal...
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.
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 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 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 videotaping the woman as she got ready to take a shower.
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.
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.
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.
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."
US government requests for access to Dropbox user content and account details rose in line with subscriber numbers over the first half of 2014, but several of the accounts requested didn’t actually exist, according to the firm.
Home improvement retailer Home Depot Inc (HD.N) has been sued over data breach by a customer, saying the company failed to properly safeguard customer data from hackers, a lawsuit filed in a Chicago federal court showed on Tuesday.
Microsoft has urged US District Judge Loretta Preska, the judge presiding over the case that sees the company refusing to hand some emails stored in its Dublin facility over to the US government, to find them in contempt.
To hear the FBI tell it, tracking down the secret server behind the billion-dollar drug market known as the Silk Road was as easy as knocking on a door. But the technical side of the security community, who have long tracked the dark web’s experiments in evading law enforcement, don’t buy that simple story.
As the trial of alleged Silk Road drug market creator Ross Ulbricht approaches, the defense has highlighted the mystery of how law enforcement first located the main Silk Road server in an Icelandic data center, despite the computer being hidden by the formidable anonymity software Tor. Was the FBI tipped off to the server’s location by the NSA, who used a secret and possibly illegal Tor-cracking technique?
A "safe harbor" clause in the 1998 law called the Digital Millennium Copyright Act absolves websites of any legal liability for virtually all content posted on their services. The law, known as the DMCA, requires websites and other Internet service providers to remove a piece of content believed to be infringing on a copyright after being notified of a violation by the copyright owner.
Digital devices have provided law enforcement agencies investigating child abuse and exploitation with an embarrassment of riches. The devices can hold thousands of images that can be used as evidence and as clues to help identify and find missing children. But the sheer volume of data being reviewed can slow an investigation to a crawl.
As the acting cybersecurity chief of a federal agency, Timothy DeFoggi should have been well versed in the digital footprints users leave behind online when they visit web sites and download images. But he must have believed his use of the Tor anonymizing network shielded him from federal investigators.
Alleged Silk Road mastermind Ross Ulbricht (aka, Dread Pirate Roberts), has been indicted on three additional charges, including narcotics trafficking, distribution of narcotics by means of the internet, and conspiracy to traffic in fraudulent identification documents.
A bill named after the late internet activist Aaron Swartz that was supposed to update much-criticized US hacking law is almost certain to be left to wither in Congress, according to various sources with knowledge of the matter.
Tennessee prosecutors want to move the way search warrants are issued out of the 20th century. At issue is a bill that would allow a magistrate or judge to issue a search warrant by telephone or “other reliable electronic means.”
The prospect that classified capabilities could be revealed in a criminal case has meant that the most sophisticated surveillance technologies are not always available to law enforcement because they are classified, current and former.
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