Safety and Security in a Digital Age AAML Mid-Year Meeting March 19, 2013 Las Croabas, Puerto Rico Melissa F. Brown Melissa F. Brown, LLC 145 King Street, Suite 405 Charleston, SC 29401 843.722.8900 (office) 843.722.8922 (fax) www.melissa-brown.com www.scdivorcelaw.com Kenneth G. Raggio Raggio & Raggio, PLLC Shareholder 3316 Oak Grove Dallas, TX 75204 P: 214-880-7500 F: 214-880-7506 www.raggiolaw.com
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Safety and Security in a Digital Age€¦ · 2. Determine if spouses are living together. a. How did W obtain H’s password? b. If W did not have password, but H’s Social Media
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Safety and Security in a Digital Age
AAML Mid-Year Meeting March 19, 2013
Las Croabas, Puerto Rico
Melissa F. Brown
Melissa F. Brown, LLC
145 King Street, Suite 405
Charleston, SC 29401
843.722.8900 (office)
843.722.8922 (fax)
www.melissa-brown.com
www.scdivorcelaw.com
Kenneth G. Raggio
Raggio & Raggio, PLLC Shareholder
3316 Oak Grove Dallas, TX 75204 P: 214-880-7500 F: 214-880-7506
Questions are asked that you and your client agree that there is no way the other side should know to inquire about unless they had access to confidential communications with the lawyer.
•Don’t leave password lists lying around on Post-Its •Use different passwords everywhere to protect your vitals better •Have a PASSWORD PROTECTED list of passwords on your computer that NO ONE KNOWS the password for •Keep that super-password in your sole access safety deposit box •iPhone app called 1Password
PRIVATE INVESTIGATORS
∙ Generally in civil cases, PIs can install GPS devices onto ANY car as long as the PI does not: -trespass -use vehicle’s power, or -enter a closed compartment •Examples of GPS use in divorces and the different rules that apply:
Your client, W, suspects that H has an interesting personal & financial life outside of her knowledge as a stay-at-home mom. W sees 2nd page of their tax return - every year for 12.5 seconds. She knows that her husband keeps his laptop computer with him everywhere, but she does not know whether he owns it personally or whether his employer owns it
How do you get, use, and possibly present the potential goldmine of data on the notebook computer? The first question is whether the parties are living together or not. If not, my answer is
that we cannot get to H’s computer without
a court order (highly unlikely he would voluntarily provide nor would we want to warn him.)
Real dilemma comes up when the parties are living together. Can the W take the computer in the middle of the night or sneak it out of H’s car and take it to a computer forensic expert who can copy the hard drive?
Wife is sure that her husband is not only smoking dope/cheating on her/whatever, and tells him she has proof of same - in writing. Husband accuses her of hacking his email/ Facebook/My Space pages. What do you advise your client?
1. First, explain legal v. illegal means to obtain spouse’s information re: emails, Facebook, MySpace, texts, LiveChat, etc. 2. Determine if spouses are living together. a. How did W obtain H’s password? b. If W did not have password, but H’s Social Media account was was left open, is W ok? 3. If spouses are separated, how does this impact the situation? 4. What if W guessed H’s password? Ok? 5. What if W used spy software or keystroke software?
18 USC 2510(12)(C): “electronic communication” means any transfer of signs, signals, writing, images, sounds, data . . . transmitted in whole or in part by a wire, radio . . . system that affects interstate or foreign
commerce, but does not include...any communication from a tracking device...” (emphasis added)
W discovers H’s affair. H admits affair & admits he communicated by email with his paramour. W informs daughter-in-law who knew H’s Yahoo email account & correctly guesses H’s password & security questions to access the account. Daughter-in-law copies emails & gives to W’s attorney. H sues W, daughter-in-law & attorney alleging violations of the Stored Communication Act & violations of state law.
Not a violation of the Stored Communication Act to access another's email account through an account provider & print copies of emails previously read by the recipient. Emails not temporary & not in transmission----only copy of such email, could not constitute a backup of such communication. Therefore, emails that read & not in transmission does not meet definition of electronic storage.
Post divorce child custody dispute. 911 call that armed robbery in progress at Mother’s apartment where child lives. Swat team arrives, knocks, & busts down the door. Surprised Mom tells the cops nothing is happening & no one made the call. Police make sure mom & child not in danger & search the place. Find graphic evidence of Mom’s new career as an oil wrestler. Evidence found that Father spoofed the 911 call?
Spoofing Visited Getting Started [Ll [Pad Apps forllial , l atest Headlines C Texas House of Repres...
1 poofing' likely cause of 911 calls from phone line belonging to Kati COUl'ie's late husband At lells! 10 bog liS emergency calls have come from Couf'ic's re$idence and are likely because third party is hijacking the calls, tricking caller lOs Into thinking a certain number Is making the call.
Phone cards that allow users to unblock and reveal callers’ identities and numbers even after people have tried to block the information with *67 or unlisted numbers.
OF COURSE THERE ARE TRADITIONAL INTERROGATORIES, RFP AND DEPOSITIONS BUT ONE MISSES THE BOAT NOT TO OWN INTERNET SEARCHES STARTING . GOOGLE, FACEBOOK, TWITTER, LINKEDIN, DETECTIVE WITH A GOOGLE SEARCH FROM THE BEGINNING OF THE CASE. SPOKEO, GPS, MOTION TO COURT TO OBTAIN CELL PHONE, LAPTOP ETC. HOW TO DO IT WITHOUT TIPPING OFF OPPOSING PARTY SO THEY CAN DESTROY THE ITEM OR LOSE IT???
A. Computer Hard drive - Must show good cause to obtain and clean Chain of Custody to present B. “Hard” Evidence C. Electronic Evidence D. Websites/Facebook/Twitter E. Individual Items on Websites, blogs, Facebook and Twitter such as posts, comments or photographs
Punillant 10 the Subpoena issI.ae4 in the above-n:fCl'"CDCCd maner, we have ~. diligent search (or documents and information ~iblc on CioogIc·s sys.tc:mIlhil ~ nz;po!lIh'C to )'OIJt requ~ Our response i!. made in a«:ordaDcc with State aDd fcdm1Ia'W, iDc:tudm, the: Electronie C(WIU'I:IwUcations Priqcy Act. Sec 18 U.s.C • • 2101 et seq. By thisres:pocs.e, ~ dQes not wain· any objection CO CUnhcr procccdinp in this mattet'.
We underscand that you bave rcqUCSlM CUSlomcr infomwioa rcprding the user acc:owrt specified in the Subpoena, .....rueh inc ubKriba aDd recent loam information Cor thc GmaillCOOWl
To lhe extent any document pro CltC«Iding tbt scope: or your request, protected from di$:k:curc or olhorwisc noc subjccl to pmduclioa, if. all, we~"C rcdal;1ed AlC:b infonnJtion or remo\'ed such data flddi.
Finally, GooaJe tcqaew rcimbutkmcut in the.mounr ofSllS for ~ COSlS inc:urrod in proccSSlaa yout ttq\IIC$L. PICISC roawttd yOlJr PIIymcnl to Google~ Rcoords, at the address above UId ple:;lse write the Inrmlal RdCrcooe Nam :n JOUl" ad.. Thc fcdem lax ill nwnbcr forGooglc is 77~9JS81.
l downlaod x] flow CCI n I dow Jo my infor tion from Facebook?
You can download your infurmation fTom the Account Settings page.
1. CUd< at the top right of any Facebook page and select Ac:count Settings
2. end< Gen ra' in the left~and column 3. COck on "Oownlo4ld a copy of your FacebooK data
4. cbck St4lrt My Archive Because this download contains your timeline Inrormation J you should keep it secure and be careful 'fllhen storing, senchng or
uploading it to any other services,
Leam more about what info is -nduded if' your download. f
Facebook—How MUCH Data!?! Accessing Your Faoebook Info
Where can I find my Information?
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Download Your Information Get a copy of what you've shared on Facebook.