Category Archives: Electronic Discovery

Washington Post leaves electronic crumbs

I guess the Washington Post needs a refresher 101 course in electronic evidence. Seems they ran a story about a hacker whose identity there were trying to keep anonymous. So the newspaper provided only a few details about the hacker – his age, the fact that he smoked and a general description of three nearby businesses. A “modified” photo was also provided. However, it appears that the modified photo contained meta data that revealed the name of the photographer and the city where the photograph was taken (a small city of about 2.6 square miles and a population of only about 2,800 people). With those details, it would not be hard to identify the subject of the article.

From cNET news

Electronic evidence collection gone bad

David Canton points to an article about how not to gather electronic evidence. A lawsuit was dismissed by an Ontario judge after the plaintiff hacked into the defendant’s computer server while legal proceedings were taking place.

According to David E. Fine, lawyer for the defendant with Gardiner Roberts LLP in Toronto, as cited in the article, (We) couldn’t really find any precedent, so this may be the first case of its kind, where the judge has said you can’t go ahead because of your conduct. The incident was discovered when the plaintiff submitted a DVD – with the materials hacked from the defendant’s server – as evidence in the lawsuit.

Google Searches Used at Murder Trial

Techdirt has a blog referencing a CRN article regarding use by the prosecution at trial of a murder suspect’s Google searches. Aside from other digital evidence discovered on the defendant’s hard drive by the prosecution’s forensic expert such as emails and incriminating websites that were visited, authorities claim that the defendant looked up the depth and topography of a lake where the body of his wife was found — before he reported her missing.