Benjamin Wright - Posts

 

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Record



Coping with Bill Collection

Suppose you want to record your online interaction with an adversary . . . such as a collection agency.  Your goal is to capture reliable legal evidence of what you encountered when trying to access or provide information to the adversary’s web site or online app.

In effect, the video you create will record your eyewitness testimony of what you see online at a particular point in time.

You ...
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Evidence



–Benjamin Wright

Mr. Wright teaches the law of data security and investigations at the SANS Institute, where he teaches professionals how to use Internet media to deliver legal messages.
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Deleted



Forensics

In a legal dispute, text, photos and other data on a smart phone or tablet can be relevant.  Can they be recovered if they have been deleted?

Cellular service carriers (Verizon, AT&T, Sprint, TMobile) keep records of text, photos and transmitted data for periods of time that vary from one provider to the next.  However, legally forcing them to turn over user data in a non-criminal case is difficult.   . ...
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How to Make a Gotcha! Video



How should a vigilante or a political activist make a video record of illegal activity?

Let’s say you catch the mayor parking her motorcycle in a no-parking zone, arrogantly thinking she won't get a ticket because she is mayor.  You pull out your smart phone and record by video.  You intend to present the video as evidence to a legal body like the city council.  Or you intend to give the video to the local TV news team. ...
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Telemedicine Meets Privacy & Free Speech



Anonymous, Asynchronous Patients?

Local laws such as state physician licensing rules have limited the adoption of telemedicine.    But the practical effect of some limitations is eroding under new technology and patient civil rights (privacy and free speech).


New Telemedicine Technologies

An online patient can retain increasingly sophisticated services from a physician outside the patient’s state, even outside the .. ...
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Cyber Defense Law | Botnet | Computer Crime Lawsuit


Microsoft breaks new legal ground. From a US Federal court, Microsoft has obtained a temporary restraining order (ex parte TRO) that allows Microsoft and its white hat affiliates to take (apparently) aggressive technical measures against the Waledac botnet.http://blogs.technet.com/microsoft_blog/archive/2010/02/25/cracking-down-on-botnets.aspx


The TRO is available for download at http://blog.seattlepi.com/microsoft/archives/19579 ...
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3D Printing | Inducing to Violate Intellectual Property



The vendors of 3D printing software and services must be careful to avoid encouraging users to violate the patent, copyright or trademark of others.

Manipulate an Image

Imagine a software vendor tells kids to:

1. scan a 3D image of their favorite toy vehicle;
2. use the software to manipulate the image to add cool new features, like wings or monster tires; and
3. print a model of the manipulated image.

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SMS Text Messages | Recovery from Carriers




Over on the social networking site reddit a topic came up that you may find interesting- the technical ability of telephone carriers to restore txt sms messages.

http://www.reddit.com/r/netsec/comments/iifg8/can_txt_messages_be_subpoenaed_from_carriers/

The default stance of the carriers seems to be “no we can not recovery txt messages” however that seems to be at odds with reality:

Kobe Bryant case.

In ...
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Recording Telephone Calls and Instant Messages


Recorded Video Calls

Why does spoliation law punish pre-mature destruction of email records, while not also requiring that telephone conversations be recorded and preserved?  That question came to me from a student taking the 5-day SANS course I teach (The Law of Data Security and Investigations).  Following was my reply to him . . .

My reply ties into the philosophy I express in day 2 of the course, on records management. ...
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Web Contract (EULA) Published to World


Can I publish legal terms on the web and declare them a contract that is binding on spammers who send me spam? Based in part on such contracts, Attorney Dan Balsam of California earns a living by suing spammers and collecting money from them.
http://legal-beagle.typepad.com/wrights_legal_beagle/2010/09/no-trespassing.html ; http://www.google.com/sidewiki/entry/benwright214/id/sYoP27p0uYbBXh1j1xB0OEkQIY0

in reference to:

"bound by the terms ...