Victim Ordered to Surrender Computer and Passwords

--- begin forwarded text


Resent-Date: Thu, 30 Oct 1997 10:11:33 -0500
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To: 0xdeadbeef@substance.abuse.blackdown.org
Cc: bostic@bsdi.com
Subject: Victim Ordered to Surrender Computer and Passwords
Date: Thu, 30 Oct 1997 10:04:22 -0500
From: glen mccready <glen@qnx.com>
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Forwarded-by: Peter Tonoli <anarchie@brimstone.suburbia.net>

Date: Mon, 27 Oct 1997 03:02:58 -0500
From: David Kennedy <76702.3557@compuserve.com>
Subject: Victim Ordered to Surrender Computer and Passwords

Approved: proff@suburbia.net

Cyber Allegations (AP US & World  21 Oct 1997)

>   PONTIAC, Mich. (AP) -- A woman who said she was sexually assaulted by a
> man she met through an on-line "chat room" has been ordered to turn over
> her computer for examination by the defendant's lawyer.  Circuit Judge
> Alice Gilbert issued the order Oct. 8 after the defendant said another
> computer user told him that the woman had bragged on-line -- in a chat
> room called "Man Haters" -- about making up the story.  The woman was
> also ordered to reveal her password and on-line aliases.

o The accused, a 26-year old is alleged to have pulled a knife and attacked
the victim after a date on Feb 28th.  Prosecutors have said they will
appeal.

> "In my view, turning over somebody's computer these days is the same as
> asking to go through their diary or mail," said prosecutor John
> Pietrofesa.  Inspecting computer records from the opposing side, while
> relatively new in criminal cases, has become common in civil cases, said
> Michigan lawyer and computer law expert Robert A. Dunn.  In civil cases, a
> judge will institute safeguards such as making both sides sign a
> confidentiality agreement that information gleaned from computer records
> will not be disclosed outside of court, he said.

Dave Kennedy CISSP, National Computer Security Assoc

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-----------------
Robert Hettinga (rah@shipwright.com), Philodox
e$, 44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
The e$ Home Page: http://www.shipwright.com/
Ask me about FC98 in Anguilla!: <http://www.fc98.ai/>

Along the lines of keeping a "throw away" handgun around ... keep a 
"throw away" computer.


On Thu, 30 Oct 1997, Robert Hettinga wrote:

> 
> --- begin forwarded text
> 
> 
> Resent-Date: Thu, 30 Oct 1997 10:11:33 -0500
> X-Authentication-Warning: qnx.com: localhost [127.0.0.1] didn't use HELO
> protocol
> To: 0xdeadbeef@substance.abuse.blackdown.org
> Cc: bostic@bsdi.com
> Subject: Victim Ordered to Surrender Computer and Passwords
> Date: Thu, 30 Oct 1997 10:04:22 -0500
> From: glen mccready <glen@qnx.com>
> Resent-From: 0xdeadbeef@substance.abuse.blackdown.org
> X-Mailing-List: <0xdeadbeef@substance.abuse.blackdown.org> archive/latest/2399
> X-Loop: 0xdeadbeef@substance.abuse.blackdown.org
> Precedence: list
> Resent-Sender: 0xdeadbeef-request@substance.abuse.blackdown.org
> 
> 
> Forwarded-by: Peter Tonoli <anarchie@brimstone.suburbia.net>
> 
> Date: Mon, 27 Oct 1997 03:02:58 -0500
> From: David Kennedy <76702.3557@compuserve.com>
> Subject: Victim Ordered to Surrender Computer and Passwords
> 
> Approved: proff@suburbia.net
> 
> Cyber Allegations (AP US & World  21 Oct 1997)
> 
> >   PONTIAC, Mich. (AP) -- A woman who said she was sexually assaulted by a
> > man she met through an on-line "chat room" has been ordered to turn over
> > her computer for examination by the defendant's lawyer.  Circuit Judge
> > Alice Gilbert issued the order Oct. 8 after the defendant said another
> > computer user told him that the woman had bragged on-line -- in a chat
> > room called "Man Haters" -- about making up the story.  The woman was
> > also ordered to reveal her password and on-line aliases.
> 
> o The accused, a 26-year old is alleged to have pulled a knife and attacked
> the victim after a date on Feb 28th.  Prosecutors have said they will
> appeal.
> 
> > "In my view, turning over somebody's computer these days is the same as
> > asking to go through their diary or mail," said prosecutor John
> > Pietrofesa.  Inspecting computer records from the opposing side, while
> > relatively new in criminal cases, has become common in civil cases, said
> > Michigan lawyer and computer law expert Robert A. Dunn.  In civil cases, a
> > judge will institute safeguards such as making both sides sign a
> > confidentiality agreement that information gleaned from computer records
> > will not be disclosed outside of court, he said.
> 
> Dave Kennedy CISSP, National Computer Security Assoc
> 
> --- end forwarded text
> 
> 
> 
> -----------------
> Robert Hettinga (rah@shipwright.com), Philodox
> e$, 44 Farquhar Street, Boston, MA 02131 USA
> "... however it may deserve respect for its usefulness and antiquity,
> [predicting the end of the world] has not been found agreeable to
> experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
> The e$ Home Page: http://www.shipwright.com/
> Ask me about FC98 in Anguilla!: <http://www.fc98.ai/>
> 
> 
>