Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
¶ … computer forensic offense. Recommendations for investigation will be addressed. Further, an example of an industrial espionage case will be cited.
Crimes Committed/Background
This lawsuit entailed contract violation cross-claims, with the dispute between the two parties chiefly revolving around events that had transpired during the latter half of 1998. Residential Funding Corporation (RFC) was requested to salvage and present related emails dated from October to December 1998, from its backup drives. The corporation's internal legal consultant discovered that the company didn't possess requisite internal resources for email retrieval from backup source in the time period allowed. Therefore, the company retained Electronic Evidence Discovery's services, for support with email retrieval. Many weeks into employing established recovery techniques, the corporation was able to present a total of 126 emails (dated between January and August 1998) as well as 2 emails dated September of the same year (Computer Forensic - Computer Forensic Case Studies -- ACE Data Group, n.d). No emails were presented that were dated in the required critical time period (i.e., Oct-Dec 1998). According to RFC, the absence of responsive electronic messages from the above time period could be attributed to the fact that there simply wasn't any responsive communication...
Despite no email presented by ACE Data recovery being pertinent to this case, it reinforces the assertion that e-discovery and mass-produced recovery tools don't make the best means for data retrieval for litigation purposes. Moreover, despite RFC not maliciously delaying email release or withholding emails, by failing to employ techniques of recovering like the ones ACE used, they were open to court sanctions.
Recommendation for Investigation
Several factual observations of the district court were questioned. It was found that the complainant had presented divergent testimony with regard to the exact timing of complainant's decision to engage an external vendor, as well as the timing of actual vendor hiring. The court raised questions pertaining to the rationality of complainant's continual dependence on the external vendor all through the many months of seemingly futile efforts at critical email retrieval, given the fact that the defendant's vendor was able to accomplish the task in a mere four-day period (Court has Broad Discretion to Fashion Sanctions for Breach of Discovery Obligations -- Electronic Discovery Law, n.d). Further, the court observed that numerous careless (or else misleading) statements were present in the record, addressed to the defendant and…
References
(n.d.). Computer Forensics Services & Electronic Discovery by ACE Data Group . Computer Forensic - Computer Forensic Case Studies -- ACE Data Group. Retrieved December 16, 2015, from http://legalforensics.com/case-studies.html
(n.d.). Electronic Discovery Law -- Legal issues, news and best practices relating to the discovery of electronically stored information. Court has Broad Discretion to Fashion Sanctions for Breach of Discovery Obligations -- Electronic Discovery Law. Retrieved December 16, 2015, from http://www.ediscoverylaw.com/2004/12/court-has-broad-discretion-to-fashion-sanctions-for-breach-of-discovery-obligations/
Cyber Forensics and Legal Considerations: Is the Law Keeping up with Advancing Technology? Introduction Because of the digital age and the possibilities it has introduced, digital forensics is now a necessity within the realm of law enforcement. However, there are numerous considerations to be made within this realm: constitutional law, property law, contract law, tort law, cybercrime, criminal procedure, evidence law, and cyber war. This paper will examine how the law is
Efficacy of Handwriting Analyses as Forensic Evidence Humankind has been writing for millennia, but it has only been in the last 100 years or so that individual handwriting samples could be distinguished by forensic document examiners to the extent that their testimony was deemed admissible as evidence in a court of law. In recent years, this analysis has been augmented by sophisticated handwriting analytical devices that are being used by national
More than 98% of respondents had heard of the term "brain death," but only one-third (33.7%) believed that someone who was "brain dead" was legally dead. Using a utilitarian approach, organ donation does provide good for others; and, when managed appropriated, can provide a greater good for society at large. However, utilizing a population for organ harvesting, or changing the model so that organ donation is seen as a
In this article, the author describes the technological, demographic, and market forces shaping this new digital media culture and the rich array of Web sites being created for children and teens. Many nonprofit organizations, museums, educational institutions, and government agencies are playing a significant role in developing online content for children, offering them opportunities to explore the world, form communities with other children, and create their own works of
It should be noted that this risk of becoming simply an "ethnocentric fantasy" is something that not all filmmakers are worried about. Indeed, it might well be argued that the creation of an ethnocentric fantasy might well make an ethnographic film more popular and more profitable. Indeed, an ethnocentric fantasy is one of the storylines that fits well into the narrative expectations of Western audiences, who will not be surprised by
Studies suggest that even "more "omniscient" technology is likely to be developed" in the near future (Lyon, 2002). Cookies were perhaps the first form of internet surveillance, developed in 1994 as a means for websites to track visitors logging in so they could provide more optimal service (Lyon, 2002). Now cookies have transformed the shape of communication and have further advanced the ability of criminals to survey individual user functions