Mark Reinhardt – Boise Idaho
Digital Forensics Company Compusearch, had issued new guidelines on Digital Forensic evidence after a lawsuit settlement involving the Washington State Patrol and Todd Chism, a resident of Washington State. According to a Power Point Presentation obtained through the Idaho State Supreme Courts website. The Presentation had discussed the issue of Search Warrants involving Digital Evidence,
“To have any success as an Internet criminal,
regardles[s of whether one was a thief, a hacker or a
child pornography collector, it would be incumbent
to use other people’s identities to do so. . . . It is primarily for this reason that relying only on information provided by the user of a credit card that is associated with criminal activity is inherently unreliable.”
Addressing the issue of the Chism Lawsuit, the 9th Circuit Court of Appeals Stated,
“We reverse the district court’s judgment and remand this
case for trial. Viewing the evidence in the light most favor-
able to the Chisms, we conclude that the Chisms have made
a substantial showing of the officers’ deliberate falsehood or
reckless disregard for the truth and have established that, but
for the dishonesty, the searches and arrest would not have
occurred. We also conclude that the officers are not entitled
to qualified immunity because the Chisms’ right to not be
searched and arrested as a result of judicial deception was
clearly established at the time Gardner prepared and submit-
ted her affidavit.”
Speaking on the subject of Internet Protocol Addresses, Lawson said,
“Computers communicate on the Internet because of certain “protocols”. These protocols allow information to be broken down into small packets, transmitted to the computer you choose and then reassembled as the file you intended to send.”
Later in the presentation, he described the role of IP Addresses in criminal cases, “IP addresses are globally unique numbers that allow each computer connected to the Internet to have it’s own specific address (just like your residence) and really is the only way IP networks around the world can talk with each other without everything becoming a jumbled mess.”
On file sharing Lawson said, “File Sharing cases (should have more than one incident).”
He later described why investigators could not rely on just Credit Card Information,
“Credit Card use by itself should not be relied upon (the account information used will typically be correct).”
Russia Today had recently reported that the FBI now considers Cyber Crime to be more of a threat to National Security than Terrorism. As Law Enforcement authorities turn to their attention to Cyber Crime, more questions are now being asked about how to balance Civil Liberties and Public Safety.
Full Presentation:
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