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Re: Careless Law Enforcement Computer ForensicsLacking InfoSec Expertise Causes Suicides


From: Steve Kudlak <chromazine () sbcglobal net>
Date: Mon, 03 Oct 2005 10:37:31 -0700


I have been following this in the background because a number of my friends who got zapped in the high tech spindown out here in California have ended up in computer forensics and datamining because that's what gets money these days. Some are happy and some are a bit concerned. I am currently disabled and on good days I get the feeling I want to jump back in and on bad days I sleep to 3pm.

It would be interesting to look at these questions from an international perspective. I am sure there is some manoevering around by say the "Anti-Sex Tourism " Task Forces to see if they can get things done in the most sympathetic areas. Right now much of the prosecutions happen in the US because the US Federal Government has a lot of power. Federal Prosecution often proceeds by sort of getting a bunch of warrants, going seizing someone's property then looking into everything they could have possibly done wrong and threaten the person involved and thenoffereing them a deal where they become a convicted felon for something. This is what happened in the case of US Artist Steve Kurtz who was going to be charged with bioterrorism and it is now down to questionable mail fraud.

If things proceed like this it is good to know this is what might be contributiing too with the fruits of one's labours. So it would be good to look into this stuff and find how it actually works, although yes it would have to be from an international perspective. Speaking of France I mean the US has always been trying to get Roman Polanski back on US soil.;)

Have Fun,
Sends Steve



Paul Schmehl wrote:

--On Monday, October 03, 2005 09:38:16 -0400 Lane Weast <lweast () leeclerk org> wrote:

In theory, what you say is incorrect.

They may take you in but, in court they have to prove it was yours.
It is not your responsibility to prove your innocence.
It is their responsibility to prove your guilt.

Whenever I read stuff like this on an international list, I always wonder if the people posting understand that the rest of the world doesn't necessarily work the way your little corner of the world works.

For example, French law, which is based upon Napoleonic law, places the burden of proof on the defendant. You are guilty unless you can prove your innocent.

So, your comments almost certainly do not apply to many people reading here. Which causes one to wonder - what value do they have to the audience reading?

Paul Schmehl (pauls () utdallas edu)
Adjunct Information Security Officer
University of Texas at Dallas
AVIEN Founding Member
http://www.utdallas.edu/ir/security/
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