Messaging-Archive

Apps for User-Facing Video Camera

2010-11-09T09:06:00.001-08:00

As more mobile devices like Blackberry's Playbook tablet come to have user-facing cameras, we need apps that allow business users to sign/authenticate evidence and contracts with video signatures secured by electronic mail. https://groups.google.com/group/appinventor/browse_thread/thread/5a31c9073a0cdf0f
http://legal-beagle.typepad.com/wrights_legal_beagle/2010/10/video-authentication.html

in reference to:

"Dual HD video cameras"
- BlackBerry - PlayBook Tablet PC - BlackBerry PlayBook Specs Pricing and More at BlackBerry.com (view on Google Sidewiki)

Expert Training

2010-10-11T15:06:00.001-07:00

GIAC certification associated with this course (GLEG) confirms that a professional possesses special skills for conducting competent investigations. http://legal-beagle.typepad.com/security/2010/03/training.html

in reference to:

"InfoSec professionals and cyber investigators operate in a world of ambiguity, rapid change and legal uncertainty"
- SANS: The Law of IT Compliance: How to Conduct Investigations (view on Google Sidewiki)

Attestation of Facts

2010-10-11T14:32:00.001-07:00

An affidavit can serve many kinds of investigations, not just criminal ones. In essence, an affidavit is a formal, written recording of a witness's testimony. http://blogs.sans.org/computer-forensics/2010/10/08/affidavit-support-digital-forensic-investigation/

in reference to:

"affidavit to give your detective an idea of sample language that ensures the forensic examiner can look about anything he thinks is relevant"
- Search_And_Seizure_Forms (view on Google Sidewiki)

Legal Compliance in Virtual Environments

2010-10-04T12:12:00.001-07:00

Telemedicine raises novel legal and regulatory issues. Practitioners will be wise to talk openly about these issues by way of full disclosure on the web. A virtue of telemedicine is its ability to collect detailed records about the execution of any particular procedure. The records promote regulatory compliance and responsible third-party review. Detailed analysis: http://legal-beagle.typepad.com/wrights_legal_beagle/2009/06/transparency-meets-it-compliance.html --Ben

in reference to:

"technology changes the delivery of healthcare"
- UPDATE: Telemedicine allows women to take abortion pill without doctor in the room | KETK (view on Google Sidewiki)

Legal Notice, Terms & Conditions

2010-09-11T09:25:00.001-07:00

Any person accessing any of Mr. Wright's blogs, buzzes, profiles, comments, web pages or other public statements agrees not to use data from them in a way that is adverse to Mr. Wright's interests.

http://legal-beagle.typepad.com/wrights_legal_beagle/2010/01/terms-service.html

in reference to: Updates - View comments on my latest updates - Yahoo! Pulse (view on Google Sidewiki)

Reputation

2010-06-03T13:24:00.001-07:00

When Plainscapital sued Hillary Machinery, the bank's evident objective was to clear its name. I can't see how that objective was met. http://legal-beagle.typepad.com/wrights_legal_beagle/2010/02/public-relations.html

in reference to: Bank, customer settle suit over $800,000 cybertheft - Computerworld (view on Google Sidewiki)

Social Media Law

2010-04-11T07:25:00.001-07:00

In a lawsuit, divorce or child custody proceeding, messages on social networks like Facebook, Myspace, Twitter or Foursquare can be valuable. Remember that copies of those messages can be stored in many places, such as in email accounts and on cell phones, not just in the archives of the social network provider. http://lawyerist.com/subpoena-facebook-information/#comment-15446

Friends and acquaintances may possess some of the records you seek.

in reference to:

"cause Facebook to disclose the content of communications to or from a Facebook user"
- http://www.calbizlit.com/cal_biz_lit/2009/08/more-about-facebook-how-to-get-facebook-records-in-the-litigation-arena.html#more (view on Google Sidewiki)

Digital Evidence Testimony

2010-04-10T19:40:00.001-07:00

A GIAC Legal Issues certification can contribute to the credibility of a forensics expert who performs as an expert witness in a lawsuit or other official investigation. Certification shows that a technical professional is proficient in the legal issues related to computer security.

in reference to:

"licensing of computer forensics experts as private investigators"
- http://blogs.sans.org/computer-forensics/2009/01/05/digital-forensics-professionals-texas-pi-legislation-interpreted/ (view on Google Sidewiki)

Electronic Records Management

2010-04-06T16:44:00.001-07:00

The law of records has changed. Modern law motivates all organizations (both public sector and private sector) to adopt policy for keeping more e-mail than in the past. E-Discovery courts are suspicious of organizations that destroy email too early and cannot produce it in a lawsuit. http://lawandmore.typepad.com/law_and_more/2008/06/legal-practice-has-yet-to-come-to-grips-with-the-information-age-benjamin-wright-attorneyexpert-on-e-discovery.html

The Jackson County case study shows that good policy requires participation by numerous stakeholders in the organization, including IT, HR and the legal department.

in reference to:

"consensus to successfully and effectively design and implement an updated email retention policy"
- http://www.messagingarchitects.com/case-studies/all-case-studies/government/jackson-county.html (view on Google Sidewiki)

Tag and Annotate ESI

2010-04-03T20:48:00.001-07:00

As units of electronic data are produced under e-discovery, tags and annotations in relation to the units can provide context, warnings and interpretation. http://bandl.typepad.com/bandl/2010/03/xml-tags-provide-relief-for-ediscovery.html Such tags and annotations are enabled by way of the XML project of the Electronic Discovery Reference Model.

in reference to:

"XML schema to facilitate the movement of electronically stored information (ESI)"
- http://edrm.net/activities/projects/xml (view on Google Sidewiki)

Internal Investigations

2010-04-01T08:34:00.001-07:00

http://legal-beagle.typepad.com/security/2010/03/internet-probe.html Social networking and other web 2.0 technology are changing how investigations are conducted. Auditors and human resources professionals need re-education.

in reference to: http://www.blogger.com/profile/11543639411820745571 (view on Google Sidewiki)

Cyber Security Law Training

2010-03-31T10:56:00.001-07:00

At SANS Institute, I teach professionals how to address data and Internet theft from the perspective of law and public relations. The publicity surrounding a security breach can influence the final impact of the incident.

in reference to: http://www.youtube.com/watch?v=xY62LRUdTKQ (view on Google Sidewiki)

lawsuit public statements

2010-02-19T12:08:00.001-08:00

Plainscapital v. Hillary Machinery is one of the strangest lawsuits in the history of IT security law. Not only did the bank sue its customer, the party that lost money. But the customer struck back with effective, web-savvy public relations. The case is an example of a populist message resonating in Web 2.0.

This case is not over. Yet the experience shows how important public communications are to Internet security issues. http://legal-beagle.typepad.com/wrights_legal_beagle/2010/02/public-relations.html
in reference to:

"PlainsCapital is asking the District Court to certify that the bank’s security"
- http://www.btsecurethinking.com/tag/authentication/ (view on Google Sidewiki)

eDiscovery Pressure on Trial Lawyers, which Translates to Their Clients

2008-03-10T20:57:00.000-07:00

The lesson from Norwalk is reinforced by another dramatic case, which shows how harsh a court can be on an organization that cannot produce its e-mail records. In a patent lawsuit with its rival Broadcom, chip-maker Qualcomm and its lawyers are living an e-discovery nightmare. From Qualcomm’s perspective, the problem stems from the company’s inability easily to identify all the relevant e-mail records.

Early in the lawsuit, Qualcomm searched its records and turned over what it believed were the relevant e-mails. But later, under cross-examination at trial, its engineer referred to some e-mails that had not been turned over. Qualcomm lost the lawsuit, but the court was not finished with Qualcomm. The court was dismayed that the e-mails referenced by the engineer were not disclosed in the original e-discovery phase of the lawsuit. The court wanted to re-examine the question whether Qualcomm had disclosed all e-mail as originally required in the rules of litigation.

The court ordered Qualcomm to sift through its records again. This time Qualcomm found more records that should have been disclosed in the original e-discovery. The court felt Qualcomm deserved punishment. The court’s reasoning was that if parties fail to find and divulge electronic records early in litigation, then lawsuits drag out for longer than necessary. So the court ordered Qualcomm to reimburse all of Broadcom’s attorneys’ fees and costs.

But it was not finished. The court felt so strongly about enforcing the rules of e-discovery that it ordered the 14 lawyers who had worked on the case for Qualcomm to appear at a hearing to explain each one why he or she should not be sanctioned personally! Don Clark, “Recovered Emails Bedevil Qualcomm in Court,” Wall St. Journal, Oct. 9, 2007, B1. This is an eye-catching event. It informs lawyers and law firms that if they don’t ensure strict compliance with e-discovery by their clients, then they themselves may be forced to pay fines, endure public censure or even risk the revocation of their bar licenses.

The implication is that in all litigation, all enterprises need organized, searchable records.