Re: Computer forensics to uncover illegal internet use

["Jason Coombs" <jasonc () science org>]

dave kleiman wrote:
> You bring a drive to do an image,
> you have to do your examination
> there, if you want to leave the
> imaged info on it, your imaged drive
> now stays in the evidence room.
>  The defense attorney would have
> to come there to view the
> images, or the LEO would bring it to
> them, but they would not leave I
> there with them.

Dave,

Nice response. You are correct, of course, that this is how many jurisdictions prefer that things be done. The 
prosecutor and law enforcement do try to follow their own rules once they confiscate potential contraband.

I am glad to see Tobin Craig cite Title 18, USC 2252, as it now stands, having been modified by COPPA, etc. in recent 
years. It is very important to understand what Federal law requires of you in order to avoid prosecution for what has 
already been done. However, as Tobin acknowledges in his e-mail, he is unaware that Corporations are treated completely 
differently than are natural persons with respect to the child porn statutes.

If not for the possibility that the worker whose computer is at-issue may have had their identity stolen or in some 
other fashion been framed by the actions of a third-party, such that the hard drives in the computer are potentially 
the only source of evidence to prove reasonable doubt of the person's guilt, it would ALWAYS be the proper course of 
action for the company to wipe the drive and go on with business as usual, without reporting to law enforcement.

Where much of the discussion thus far has also been mistaken is in presuming that all jurisdictions operate according 
to the same rules and procedures once potential contraband is confiscated.

This discussion deserves additional attention, for the very reason that the behavior of various persons on all sides of 
this struggle, and in many respects the very statutory language itself, are outrageous and are ruining lives of people 
who are in fact victims -- much the way that the original child abuse that became the contraband child pornography 
harmed an innocent child.

If only persons as well-informed and concerned with the pursuit of truth, such as Mr. Craig, were more often involved 
in advising law enforcement and participating in decisions to prosecute individual cases.

And if only more corporations were aware that their own failures to protect their employees' Windows computers from 
spyware and other security threats are placing workers at undue risk of criminal prosecution for doing nothing other 
than their jobs.

Sincerely,

Jason Coombs
jasonc () science org