F.B.I. Seeks Wider Wiretap Law for Web – NYTimes.com

Robert S. Mueller III, the director of the Federal Bureau of Investigation, traveled to Silicon Valley on Tuesday to meet with top executives of several technology firms about a proposal to make it easier to wiretap Internet users.

Mr. Mueller and the F.B.I.’s general counsel, Valerie Caproni, were scheduled to meet with senior managers of several major companies, including Google and Facebook, according to several people familiar with the discussions. How Mr. Mueller’s proposal was received was not clear.

“I can confirm that F.B.I. Director Robert Mueller is visiting Facebook during his trip to Silicon Valley,” said Andrew Noyes, Facebook’s public policy manager. Michael Kortan, an F.B.I. spokesman, acknowledged the meetings but did not elaborate.

Mr. Mueller wants to expand a 1994 law, the Communications Assistance for Law Enforcement Act, to impose regulations on Internet companies.

The law requires phone and broadband network access providers like Verizon and Comcast to make sure they can immediately comply when presented with a court wiretapping order.

Law enforcement officials want the 1994 law to also cover Internet companies because people increasingly communicate online. An interagency task force of Obama administration officials is trying to develop legislation for the plan, and submit it to Congress early next year.

The Commerce Department and State Department have questioned whether it would inhibit innovation, as well as whether repressive regimes might harness the same capabilities to identify political dissidents, according to officials familiar with the discussions.

via F.B.I. Seeks Wider Wiretap Law for Web – NYTimes.com.

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Court Imposes Adverse Inference for Failure to Preserve Text Messages Related to Criminal Investigation : Electronic Discovery Law

United States v. Suarez, 2010 WL 4226524 (D.N.J. Oct. 21, 2010) (Not for Publication)

For the Government’s failure to preserve text messages sent between investigating agents and a cooperating witness, the court found sanctions were warranted and ordered that the jury would received a “spoliation charge” allowing (but not requiring) it to infer that the deleted messages were favorable to the defendants.

In 2008, federal law enforcement agents began using a cooperating witness in the course of their investigation of public corruption within the State of New Jersey.  In the course of that investigation, text messages were sent between the cooperating witness and several F.B.I. agents, including messages sent from the cooperating witness while meeting with defendants.  When those messages were requested, however, it was discovered that many had not been preserved.  Each of the agents testified that they had never been instructed to preserve their messages and that they deleted the messages from their handheld devices in an effort to free up memory space.  Additionally, many of the messages were lost from the Government’s servers and backup tapes as a result of the failure to timely issue a litigation hold.  Notably, a litigation hold was not issued until January of 2010 (seven months after the conclusion of the investigation and three months after beginning the search for the missing text messages), despite the fact that the F.B.I. appeared “well-equipped to preserve documents relevant to the litigation” had they been asked to do so and the fact that the U.S. Attorney “was aware of the importance of preserving documents relevant to the litigation and could have requested a litigation hold on the text messages from the inception of the investigation.”  As to one particular database which should have contained text messages from as far back as November 2007, the Government could provide no explanation as to why some text messages from the relevant time frame were preserved while others were “apparently deleted.”  As a result of the unavailability of the text messages, defendants requested the court suppress related evidence or issue an adverse inference instruction.

via Court Imposes Adverse Inference for Failure to Preserve Text Messages Related to Criminal Investigation : Electronic Discovery Law.

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Use of Specialized Counsel in a FCPA Investigation | Thomas Fox – JDSupra

In an article entitled, “Risks and Rewards of an Independent Investigation” in the most recent issue of the ACCDocket, authors James McGrath and David Hildebrandt discuss the use of specialized outside counsel to lead an independent internal investigation as compliance and ethics best practices. This is based upon the US Sentencing Guidelines, under which a scoring system is utilized to determine what a final sentence should be for a criminal act. Factors taken into account include the type of offense involved and the severity of the offense, as well as the harm produced. Additional points are either added or subtracted for mitigating factors. One of the mitigating factors can be whether an organization had an effective compliance and ethics program. McGrath and Hildebrandt argue that a company must have a robust internal investigation.

McGrath and Hildebrandt take this analysis a step further in urging that a company when faced with an issue such as an alleged Foreign Corrupt Practices Act (FCPA) violation. The authors suggest that in such a situation, a company should engage specialized counsel to perform the investigation. There were three reasons for this suggestion of the utilization of specialized counsel. The first is that the Department of Justice (DOJ) would look towards the independence and impartiality of such investigations as one of its factors in favor of declining or deferring enforcement. If in-house counsel were headed up the investigation, the DOJ might well deem the investigative results “less than trustworthy”.

via Use of Specialized Counsel in a FCPA Investigation | Thomas Fox – JDSupra.

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CIOs playing larger role in eDiscovery | Messaging Architects

A survey recently conducted by the the United States Investigation Services found chief information officers are playing larger roles in the development of eDiscovery policies and solution use, according to the Kansas City Star.

The survey revealed that as organizations update their eDiscovery processes, issues such as data management, collection and timely handling of discovery requests have become their CIOs’ primary priorities.

More than one-third of respondents believe the “preservation and collection stage of electronic data discovery needs the most improvement.” Beyond that, some organizations have still not prioritized the implementation of a highly capable eDiscovery solution. Among these companies, not a single one reported satisfaction with their current eDiscovery process, according to the news provider.

via CIOs playing larger role in eDiscovery | Messaging Architects.

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Deutsche Telekom Is Focus of Corruption Investigation – NYTimes.com

German prosecutors confirmed Wednesday that they have opened an investigation to determine whether officials at Deutsche Telekom, including the current chief executive, pressured government officials in Macedonia to keep competitors out of the market.

Jan van Rossum, the assistant prosecutor in Bonn, said his office took up its investigation at the request of the U.S. Justice Department and Securities and Exchange Commission in Washington. U.S. officials have been investigating Deutsche Telekom’s dealings in the former Yugoslavia since 2006, and provided documents to prosecutors in Bonn this summer, he said.

In August, German investigators searched the homes and offices of chief executive Rene Obermann and several former Deutsche Telekom board members, Mr. Van Rossum said, declining to name the other executives. They took files and other documents from the offices, he said.

“This is a probe to determine if there is a basis for further investigation and charges,” Mr. Van Rossum said in an interview. “We are required by law to check out whether these allegations are true or whether they can be dismissed.”

The probe stems from 2000-2005, when units of the Hungarian telecommunications company, Magyar Telekom, made 31 million euros, or about $40 million, in improper payments to consulting companies and lobbying firms in Macedonia and Montenegro, where Magyar Telekom owns two subsidiaries.

via Deutsche Telekom Is Focus of Corruption Investigation – NYTimes.com.

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Forensic Accounting: Investigation of Fraud and Criminal Activity in the Modern Business World | World Finance News

Alarming sums of money are stolen from businesses each year by trusted employees.  It is estimated that in 2008, at least $6 Billion will be lost by businesses as a result of fraudulent activities.  Surprisingly, smaller companies suffer the majority of the losses.  This is due to their lack of funds to implement preventative procedures in concert with a generally stronger trust and more personal relationship with employees.  In order to prosecute those responsible for these crimes, it is important to understand the path leading to the fraud.

Forensic accounting is a rapidly expanding field involving careful investigative work, in depth financial analysis and an understanding of the legal system.  Forensic accountants must think on their feet and work side-by-side with law enforcement personnel in order to solve the puzzles surrounding fraud cases.  Frequently they are required to testify in court as expert witnesses and provide key evidence leading to convictions.  Evidence is gathered from books and other records including computers, hard drives, and email correspondence and computer records.  It is then carefully traced back to where the problem first began.  Forensic accountants act as detectives, lawyers, CPA’s and scientists.  These professionals often have highly developed deductive reasoning skills, familiarity with legal procedures, good writing skills and excellent public speaking skills.  They have the responsibility of convincing a judge and jury that the evidence they have gathered is solid.  Forensic accounting played a large role in convicting Al Capone for tax evasion.  It also figured prominently in exposing the Enron and WorldCom scandals.

As technology improves and the amount of money stolen from companies and corporations grows, the demand for forensic accountants has grown rapidly. Considered to be one of the fastest growing accounting jobs, it is predicted that this profession will be among the top twenty in the next few years.  Schools have begun to offer programs in this field to help meet the strong and ever increasing demand for forensic accountants.

via Forensic Accounting: Investigation of Fraud and Criminal Activity in the Modern Business World | World Finance News.

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World’s Smallest Cyber Crime Investigation Device Released by ASCL & Data64 « ASCL Blog

The world’s smallest cyber crime investigation device was released in Pune on Saturday 28th August, 2010 by Hon’ble Justice Rajesh Tandon, Chairperson, Cyber Appellate Tribunal, New Delhi.

Code-named pCHIP, this Portable Mega Investigation & Forensic Solution is delivered in two versions – on a USB device and on a micro SD card.

pCHIP runs from a USB drive / micro SD card without installation on the suspect PC. It captures relevant volatile evidence from a live (switched on) computer. It has an extremely easy-to-use interface and provides detailed reports.

Volatile Evidence Recovered by pCHIP

The pCHIP retrieves crucial volatile digital evidence from the suspect computer and generates 38 reports at the click of a button.

Password & Encryption handling by pCHIP

The pCHIP can detect and list password protected & encrypted files on a suspect computer. It can also attack and crack hundreds of types of passwords.

USB History detection by pCHIP

At the click of a button, the pCHIP can generate a report containing the details of every USB device ever connected to the suspect computer.

Cloning and Imaging by pCHIP

The pCHIP can clone and image disks and also recover deleted data.

via World’s Smallest Cyber Crime Investigation Device Released by ASCL & Data64 « ASCL Blog.

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Robbins Umeda LLP Announces Investigation of Avon Products Inc. – MarketWatch

Robbins Umeda LLP has commenced an investigation into possible breaches of fiduciary duty and other violations of the law by certain officers and directors at Avon Products Inc. (“Avon” or the “Company”) (AVP 26.46, -0.41, -1.53%) . Avon manufactures and markets beauty and related products worldwide. The Company markets its products through direct selling and independent representatives, as well as through distributorships. Avon was founded in 1886 and is headquartered in New York, New York.

via Robbins Umeda LLP Announces Investigation of Avon Products Inc. – MarketWatch.

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FBI investigating iPad e-mail leaks – Computerworld

The U.S. Federal Bureau of Investigation has opened an investigation into the leak of an estimated 114,000 Apple iPad user e-mail addresses.

Hackers belonging to a group called Goatse obtained the e-mail addresses after uncovering a Web application on AT&T’s Web site that returned an iPad user’s e-mail address when it was sent specially written queries. After writing an automated script to repeatedly query the site, they downloaded the addresses, and then handed them over to Gawker.com.

Now the FBI is trying to figure out whether this was a crime. “The FBI is aware of these possible computer intrusions and has opened an investigation into addressing the potential cyberthreat,” said Lindsay Godwin, an FBI spokeswoman.

The investigation was opened Thursday by the FBI's Washington Field Office, she said. Godwin did not know if the investigation was opened at the request of Apple or AT&T. AT&T declined to comment, and Apple has not replied to requests for comment.

According to Gawker, Goatse hackers were able to download e-mail addresses belonging to White House Chief of Staff Rahm Emanuel, New York Mayor Michael Bloomberg and ABC News anchor Diane Sawyer. They also gained access to addresses belonging to employees of Google, Amazon, Microsoft and the U.S. military.

via FBI investigating iPad e-mail leaks – Computerworld.

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Italy investigates Google’s Street View | Reuters

Google Street View Car in Southampton, Hampshi...
Image via Wikipedia

Italy has started an investigation into Google Inc’s Street View web service, a local watchdog said on Wednesday following the U.S. group’s announcement it had accidentally collected personal data over wireless networks.

Google said last week its fleets of cars which have been photographing streets around the world had for several years accidentally collected personal information — which a security expert said could include e-mail messages and passwords.

Italy’s privacy regulator said it would verify whether Google treated correctly the data acquired by Street View, which allows users to navigate around a 360-degree view of city streets using pictures taken by Google’s camera vehicles.

The regulator said Google Italy had admitted it collected pictures but also “data regarding the presence of wireless networks … as well as electronic communications, eventually transmitted by users via unprotected wireless networks.”

via Italy investigates Google’s Street View | Reuters.

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