Difference between pages "Legal issues" and "User talk:Rmislan"

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* Hi Rmislan, why did you remove several pages from the wiki? Legal reasons? If yes, feel free to write a short introduction (under the Creative Commons license) about the topics and refer to your paper(s) for more details... --[[User:Uwe Hermann|Uwe Hermann]] 15:45, 31 March 2006 (EST)
  
A grab-bag collection of citations on legal issues.
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* Hello...we originally started to collaborate on some papers here...but didn't think it best suited for such...Most of the content in the Personal Digital Technologies is from my students at Purdue University (there is no book for our subject, so we're writing it here...)...The class can be found at www.ssddforensics.com...anyway...as papers finish, we'll add their links...Thanks for the interest. Rick (rmislan)
 
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= The Hacker Defense (aka Trojan/Virus Defense) =
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Below are accounts of different hacker/virus/Trojan related defenses. Albeit some of these are not ‘reputable’ web sources, but they should all have official court backing from wherever the various investigators that do similar. And the CPS (sort of FBI in UK) is training prosecutors en masse about ‘trojan defenses’ (link below).  These types of actions would not occur unwarranted.  Why do all the extra work for nothing?
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“The "Trojan defense" has now become standard in many types of computer crime cases. But the defense often plays on the ignorance of juries and prosecutors. It has raised the need for the CPS to do more to explain complex technical issues in simple terms to judges and juries, says George.” (Esther George is the policy adviser at the Crown Protection Services)
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http://www.computerweekly.com/Articles/2007/01/27/221526/high-tech-crime-is-put-on-trial.htm
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US man, Eugene Pitts, found not-guilty of tax evasion after blaming a computer virus. Avoids ~$900,000 in fines.
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http://www.sophos.com/pressoffice/news/articles/2003/08/va_virustax.html
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United States v. Michael McCourt U.S. Court of Appeals Case 1/24/06 Western District of Missouri.  Guilty charge upheld.
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http://www.ca8.uscourts.gov/opndir/06/11/061018P.pdf
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Karl Schofield walked free from court yesterday after prosecutors accepted an expert's report that the "Trojan" program could have saved the 14 depraved images off the internet without his knowledge. http://www.getreading.co.uk/news/6/6541/program_put_child_porn_pics_on_my_pc
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Julian Green, 45, of Torquay, Devon was cleared in court in July of 13 charges of making indecent images, claiming computer malware was to blame.
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http://www.sophos.com/pressoffice/news/articles/2003/08/va_porntrojan.html
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Aaron Cafrey acquitted with Trojan defense after US authorities claimed traced DOS activity to his machine
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http://news.com.com/2100-7349-5092781.html?tag=txt
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A former Georgia teacher blames computer viruses for altering his Web sites and uploading child porn images. Guilty charge upheld.
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http://news.zdnet.com/2100-1009_22-6130218.html
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Odd spin on the issue, where a hacker used a Trojan to gain access to potential pedophile’s computers.
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http://www.darkreading.com/document.asp?doc_id=118157
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Bandy’s defense attorney asserted that a “virus” or “trojan” must have downloaded the child pornography to Bandy’s computer without his knowledge.
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http://www.foxnews.com/story/0,2933,247903,00.html
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A man found with more than 1,700 indecent images of children on his computer claimed a virus was to blame, a court heard. But Mark Craney, 33, from Knowle, was found guilty at Warwick Crown Court on 16 charges of making indecent images of children by downloading them onto his computer. http://icbirmingham.icnetwork.co.uk/0100news/0100localnews/tm_objectid=15104065&method=full&siteid=50002&headline=man-blamed-net-virus-for-child-porn-name_page.html
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More links from previous research.  
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[1] http://www.cnn.com/2003/TECH/internet/10/28/hacker.defense.reut/index.html
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[2] http://news.com.com/2100-7349_3-5092781.html
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[3]http://www.fedlawyerguy.org/2003/11/the_trojan_defense.html
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[4]http://www.theregister.co.uk/2003/04/24/trojan_defence_clears_man/
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[5]http://www.austlii.edu.au/au/cases/cth/high_ct/2006/39.html
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[6]http://www.castlecops.com/modules.php?name=News&file=print&sid=2946
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[7]http://direct.bl.uk/bld/PlaceOrder.do?UIN=161932125&ETOC=RN&from=searchengine
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== External Links ==
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* [http://www.cybersecurityinstitute.biz/tpicq.htm The "Tools Proven in Court" Question]
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=Privacy and Surveillance Laws=
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18 USC 2510 et seq., 18 USC 2701 et. seq., 18 USC 1030 and other statutes regulate the information private entities and law enforcement can access over a computer network. 
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The following forensic tools, which can capture forensic images remotely over a network, may raise interesting legal questions under these and other statutes.
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Paraben Enterprise and Shuttle:
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http://www.paraben-enterprise.com/
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WetStone LiveWire Investigator:
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http://www.000.shoppingcartsplus.com/catalog/item/4170630/4050602.htm
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ProDiscover IR:
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http://www.techpathways.com/ProDiscoverIR.htm
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EnCase Enterprise:
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http://www.encase.com/products/ee_index.asp
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Vontu:
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http://www.vontu.com/products/default.asp
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=Cybersecurity Research=
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* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1113014 Toward a Culture of Cybersecurity Research], Aaron J. Burstein, University of California, Berkeley - School of Law. 2008, UC Berkeley Public Law Research Paper No. 1113014
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[[Category:Law]]
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[[Category:Bibliographies]]
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Latest revision as of 16:32, 31 March 2006

  • Hi Rmislan, why did you remove several pages from the wiki? Legal reasons? If yes, feel free to write a short introduction (under the Creative Commons license) about the topics and refer to your paper(s) for more details... --Uwe Hermann 15:45, 31 March 2006 (EST)
  • Hello...we originally started to collaborate on some papers here...but didn't think it best suited for such...Most of the content in the Personal Digital Technologies is from my students at Purdue University (there is no book for our subject, so we're writing it here...)...The class can be found at www.ssddforensics.com...anyway...as papers finish, we'll add their links...Thanks for the interest. Rick (rmislan)