Monday, June 11, 2007

Nation's First National Computer Forensics Institute will be Located in Alabama

Computer forensics is becoming more mainstream in litigation and with the amendments to the Federal Rules of Civil Procedure on 12-1-2006, more cases will utilize these rules. With the expected increase in demand for qualified and trained law enforcement professionals, the first computer forensics institute has been announced and will be located in Hoover, Alabama. Construction of the facility is expected to begin by mid-April of 2007, with construction completed by January of 2008. Training is expected to begin in July 2007.
"With the ever-increasing prevalence of cyber crimes such as identity theft, computer hacking and online child pornography, it is absolutely essential that we equip our law enforcement personnel with the best training and equipment available," said Governor Riley. "This center will make Alabama the nation's leader in training our local, state and federal law enforcement to combat high-tech crimes. It will become America's institution of excellence in the fight against cyber crimes."
The Center is being funded though a cooperative effort by the U.S. Department of Homeland Security, the U.S. Secret Service, and state, county, and local governments. The State of Alabama is contributing approximately $3 million dollars to the Center, to be used for build-up expenses. The U.S. Department of Homeland Security is providing an additional $9 million dollars, and the U.S. Secret Service is providing 18 full-time agents to help staff the Center.
U.S. Secret Service agents will teach computer forensics and digital evidence to national, state and local law enforcement at the Center. These agents are in the field and understand the curriculum from a law enforcement perspective. It will include high-tech classrooms, a computer forensic lab, and public education exhibit space.

Text Messages, Voice Mails And Flash Drives - Welcome To The New E-Discovery

Most companies will now be required to retain and produce a wider range of electronic data because of the new Federal Rules of Civil Procedure which were approved on December 1, 2006. The types of electronically stored information that companies could be required to produce in a lawsuit range from docs, e-mails, voice mails, text messages and just about any digital information saved on a company's server, e-mail database or employee's desktop.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.

What is Digital Rights Management (DRM)?

DRM stands for Digital Rights Management, or as some people call it, Digital Restrictions Management. Put simply, DRM consists of various restrictions applied in music or video files, so their use (such as playback) can be controlled by a third party, usually the company holding the copyright for a song or movie. DRM is not just a copyright protection technique but a whole set of technologies that aim to implement the DRM strategy each distributor of digital content specifies. As an example, DRM can verify that the user that bought an audio file is actually the same user playing the file. DRM technology can also be used to limit the number of PCs a file can be played on. The major disadvantage of DRM is that these restrictions are not always clear when a user buys a digital product.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.

Is Your Spouse Lying?

You may have noticed some unusual behavior from your significant other such as spending a lot of time 'at work' or perhaps more time than normal 'out with friends'. These are the obvious signals that something could be going on. However, the more subtle indicators that you are being lied to are conveniently hidden from your view.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
e-mail
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.

Domain Name Theft

Are you losing visitors to your domain? Are your search engine rankings still yours?
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.

Domain Name Dispute, What To Expect After You've Won

You file a UDRP complaint under ICANN and a panel has ordered a transfer of the stolen domain name. From this point, you would think everything would automatically fall into place, but more often than not, you will still have some work to do.
Under the domain name dispute policy, more specifically UDRP Policy Paragraph 4(K), it states that the registrar is required to implement the Panel’s decision 10 (ten) business days after it receives notification of the decision from the dispute resolution service provider, except if the registrar receives information from the domain name registrant (Respondent) in that 10-day period that it is challenging.
Here are some steps cybersquatting lawyers use to ensure that the stolen domain name is transferred back to you:
Establish an account for the domain name
Ensure the registrar updates the domain name servers (DNS)
Ensure the registrar provides you with an Authorization Code so that you can initiate the transfer of the registrar and modify the contact information
Initiate a request for the transfer of registrar using the Authorization Code
Note: most registrars have an automated process that requires confirmation from the Admin-C contact on the account.
Ensure the registrar updates the WHOIS database for the domain name to include your information for the Admin/Technical/Billing contact.
If you become a victim of domain name theft, winning your cybersquatting arbitration is key. Still, the domain name transfer process doesn’t always go as smoothly as it should and may require experienced cybersquatting lawyers to get the domain name back for you. This involves working with your IT person and the registrar, both new and old, to ensure the cybersquatting Panel’s decision is implemented.

Subprime Mortgage Loan Fraud - How E-Discovery Can Uncover The Truth

"The subprime loan debacle will make it more difficult for borrowers to get mortgages and will cause U.S. home prices to fall this year for the first time on record", the National Association of Realtors said.
"The 2007 median price for an existing home likely will decline 0.7 percent to $220,300, the first drop since the real estate trade group began keeping records in 1968 and probably the first decline since the Great Depression," said Lawrence Yun, an economist with the Chicago-based association
With a few dozen of the big name lenders, New Century for example, either filing for bankruptcy or are in dire financial trouble... it seems as though the US Government is currently not willing to accept that this situation is a problem.
“Despite those warning signals the leadership of the Federal Reserve seemed to encourage the development and use of ARMs that, today, are defaulting and going into foreclosure at record rates,” said Chris Dodd, chairman of the Senate Banking committee.
As we saw with the Enron fiasco, it would seem that we should we be expecting to see a similar nightmare in the mortgage lending arena. The difference here is that people are not loosing their 401ks...instead, they are loosing their homes. As a result, federal regulators and legislators are trying to figure out how to help subprime mortgage borrowers who are facing foreclosure. In an effort to help homeowners, various State authorities also have opened fraud investigations against brokers and lenders for allegedly misleading home buyers about the terms and conditions of their loans. This fallout could potentially reshape the mortgage industry.
As more loans are defaulted on and as more lenders file for bankruptcy, there are various types of data may be considered as critical evidence in litigation. These types of data include:
e-mail
plain text and documents
calendar files
databases
spreadsheets
digital faxes
audio files
websites For litigators, this information can help them prove any misleading, potential criminal, or fraudulent business practices by a subprime loan lender. Once an E-Discovery data audit process has started, and a computer forensics or data recovery service implemented, there are the several tasks to complete which provide the electronic evidence in a format which the client and lawyers will accept.

Should Lawyers use Metadata?

I use Microsoft Word, Outlook, Excel and many other office programs. Do you use the same? What many of us to not know is that in each email and office file we create, we are also creating a hidden trail of data about our documents. These programs automatically save information such as who worked on the document, when and for how long was the document open, who printed the document, when was it printed and from what work station. In addition to personally identifying information, is private comments used for intra office use as well as a trail of all content that was deleted from a document. For those of us who are in the know, it is not difficult at all to retrieve some if not all of this information from every document that is sent to us. The question clearly beckons, should lawyers review metadata in documents? Is reviewing this data ethical, when the author of such data likely had no idea they were creating it?
Metadata by its definition is simply, data about data. It can contain all sort of identifying information. One of the easiest ways for metadata to be left in a document is for the comments section to leave the comments feature turned on. Similarly, if you leave track changes turned on, the receiving attorney can not only read confidential comments that were meant to be intra-office or privileged communications between he attorney and client, but also the attorney can see what content was deleted from the document.
In a recent American Bar Association opinion by its ethics committee, reviewing issues such as metadata sent to lawyers, the committee stated that reviewing metadata meets with the professional responsibility guidelines. 06-442 (August 5, 2006). The committee did add the footnote, “This opinion assumes that the receiving lawyer did not obtain the electronic documents in a manner that was criminal, fraudulent, deceitful, or otherwise improper, for example, by making a false statement of material fact to opposing counsel or to any other third person (Model Rule 4.1(a)), using a method of obtaining evidence that violated the legal rights of a third person (Model Rule 4.4(a)), or otherwise engaging in misconduct (Model Rule 8.4). Such scenarios are beyond the scope of this opinion.”
Perhaps even more interesting than the opinion itself, the committee stated that there is no specific language in the ABA Model Rules of Professional Conduct that would forbid an attorney from reviewing the metadata in electronic documents. The ABA Model Rules of Professional Conduct Rule 4.4(b) reads: “A lawyer who receives a document relating to the representation of the lawyer’s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender.” However, when an attorney receives a document that they requested, and the opposing counsel is negligent in removing or redacting information, it is not the job of the receiving attorney to censor what they read.
Is it negligent for an attorney to send an electronic document such as a Microsoft word document or archived email file without first scrubbing it for metadata? This question beckons an analysis of whether even in today’s technologically savvy business and legal environment, the reasonable attorney is aware of metadata and how it can possibly breach privilege by sending confidential comments, or reviling trade secrets, in addition to arming the opposing the counsel with great evidence for a deposition and cross examination. Does the attorney have a duty to scrub the file and does that duty extend to files sent to the attorney by the client to hold similar to an escrow agent holding funds? If there is a duty does simply sending a file breach that duty? Even if a breach occurred is there an injury to the attorney’s client and was the damage proximately caused by the breach where the attorney sent the document?
It is my contention that too much has been written on the existence of metadata in the past couple of years for someone to not know of its existence. Yet, to understand how to clear out metadata, or even all of the specific details it contains may fall outside the scope of what a reasonable attorney might know. As such, I would suggest that it is fair to review metadata, but at the same time, I believe it is also fair that you must inform the sender of their mistake.

FBI Online Cyber Crime Victims Form

The FBI has a convenient online Cyber Crime form for victims and/or the 3rd party to the complaint that is an easy-to-use reporting mechanism. A partnership has been formed with the FBI’s Internet Crime Complaint Center (IC3 formerly known as the Internet Fraud Complaint Center IFCC) and the National White Collar Crime Center (NW3C) for the combined objective of identifying and bringing to justice those responsible for online internet fraud.
The FBI-IC3's stated Mission regarding Cyber Crime is "to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime.” The IC3 provides the victims of cyber crime with an online reporting form that will be used to alert authorities of suspected criminal or civil violations. IC3 also provides their law enforcement partners and regulatory agencies at the federal, state, local and international level the internet related crime with information gathered through complaint forms to this centralized referral system.
In addition to partnering with law enforcement and regulatory agencies, it will remain a priority objective of the IC3 to establish effective alliances with industry. These alliances will enable the IC3 to leverage both the intelligence and subject matter required in identifying and crafting an aggressive, proactive approach to combating cyber crime.

Where is Immigration Help and NY Immigration?

Many people dream about migrating to US for better future. People believe that in case of some problems all types of Social Services are there to help them when they need money or any type of assistance. They think that USA is the land of the opportunities.
Little do they know that most blue collar workers will work 40 years for a company and then social security may provide them with enough for rent and that's about it. USA countries lack in Immigration lawyer services. They are very expensive. Not much people about the reality. They learn nothing of the realities so they pack up and move to US (New York). Of course the reality is a bit bitter to chew but by that time it is too late.
If these foreigners were educated about the realities of New York, then many of them will not head towards this country. Let them know what it is like for the working class at retirement in the US. The only way they will be able to live a good life over here is if they invest and save a large part of their earnings. People believe that USA is a flashy country for all aged people as what they see in media. They are seldom prepared for the reality of what is in store for them over here. It is still believe that US (New york) as this great land of opportunity where the citizenries take top priority. But this is not in all the cases. If they would take the time to establish some type of communications with a citizen here first then they might learn that things are not that great over here also and they feel a little disappointed. This is where USA failed big time, by letting our neighbors believe that we are all living this great citizenship NY Dream life.

Best And Top New York Immigration Lawyer Of NY?

The term Immigration Lawyer is another very common term people are becoming aware of. But most of the detailed processing of Top Immigration lawyer is still not known to common man. An immigration lawyer is someone who possesses the knowledge of various laws pertaining to specifically to immigration. An immigration lawyer is a person who is well aware of various formalities involved into legal immigration from one country to another.He or she may also be called as Legal Representative for Immigration. An Immigration Lawyer thus help any one to immigrate by minimizing the effort and formalities on the applicants side.
An immigration lawyer directory can help you find the kind of lawyer you are looking for. Immigration Lawyer can be searched by state. It is possible to find an Immigration Lawyer in the telephone directory, but searching Immigration Lawyer over the internet search engines offer a better hit chance of gaining broader information coverage. Becoming a citizen is not necessarily an easy process and there is a lot of red tape and documentation one must get through before he or she can become a citizen of a country. Conversely, with the assistance of an attorney the process becomes a bit easier because you will have a skilled Immigration Lawyer working on your behalf to help you become a citizen.
To become a citizen of the United States you must understand what are the required formalities required for the whole Immigration Process. A lawyer will be familiar with the Naturalization Act of 1906, Sec 4 which indicates that an immigrant can only become a citizen after fulfilling certain legal obligations. There are certain time requirements, documents, and oaths that are required before one can become a citizen and an Immigration Lawyer can help you identify your responsibilities and can advise you how to proceed with the process. Moreover, an immigration lawyer can assist you in such a way that they minimize the problems or difficulties while applying for the Immigration formalities..