tag:blogger.com,1999:blog-21633793.post448374819138701398..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Authenticating MySpace EvidenceSusan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-21633793.post-2993206019756873802009-11-23T08:50:58.495-05:002009-11-23T08:50:58.495-05:00Always good to hear from the nerd side of the stre...Always good to hear from the nerd side of the street.<br /><br />And I agree: Given the current state of affairs in terms of authenticating digital evidence, I'm sure evidence fabrication and/or alteration is at least possible and may occur. And if it isn't already occurring, I suspect it will.<br /><br />One problem is a lack of experts who have the time and resources they need to conduct in-depth assessments of at least certain kinds of digital evidence. Another problem is that many (most?) judges have no expertise in this area and so find it difficult to critically assess the authentication claims being made on both sides. <br /><br />I think a solution to the second problem is to give judges their own, independent experts who can advise them as to the issues that need to be resolved and how those issues can best be resolved. I don't mean to suggest that these experts themselves analyze the evidence; as I see it, their role is to help the court critically assess the arguments being made and the evidence being offered in support of those arguments so they can make better rulings and decide when they need more information before ruling.<br /><br />Both problems may be exacerbated to some extent by a theory I've heard: that we're in a stage in which we tend to trust digital evidence more than we maybe should.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-55652485473571922812009-11-23T01:42:08.940-05:002009-11-23T01:42:08.940-05:00I'm sitting here looking at this from the Nerd...I'm sitting here looking at this from the Nerd side of the street.<br /><br />1. Could an expert fake a MySpace page? Sure but it would be detectable.<br /><br />2. Could a non-expert detect it. Nope, you would have to look at a lot of metadata and, eventually look at the MySpace HDD/System logs to get 100% confidence<br /><br />I think there's going to be a lot more said about validation of electronic evidence. With the standards as weak as they are now, any semi-competent computer type could open up a cottage industry generating evidence.<br /><br />Of course, the ultimate challenge for forensics is proving who was at the keyboard when the "evidence" was created. <br /><br />That's pretty hard to do.Professor Donhttps://www.blogger.com/profile/16267677947700230734noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-10715100142030202312009-11-17T16:52:04.980-05:002009-11-17T16:52:04.980-05:00Me again. Thanks! An issue that we're confront...Me again. Thanks! An issue that we're confronting now is admission of Myspace "status" posts. These are like Twitter "tweets" in that they are not sent from one party to another. Thus, 901(A) authentication would be different than the Bell scenario, in which the recipient party authenticated.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-90654926198661194802009-11-17T13:41:10.066-05:002009-11-17T13:41:10.066-05:00Actually, I did a post on that issue, as addressed...Actually, I did a post on that issue, as addressed in an earlier decision in the same case:<br /><br />http://cyb3rcrim3.blogspot.com/2008/05/authenticating-evidence-e-mail.htmlSusan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-42620796268431142692009-11-17T13:19:07.773-05:002009-11-17T13:19:07.773-05:00State v. Bell, 2009 Ohio 2335 (Oh. Ct. of App. 12t...State v. Bell, 2009 Ohio 2335 (Oh. Ct. of App. 12th Dist. May 18, 2009) is another Myspace admission case, here in Ohio.Anonymousnoreply@blogger.com