 Link LoggerPremium,MVM
join:2001-03-29
Calgary, AB
kudos:3
 ·Shaw
| PC Virus are one way you can get into trouble, had a case here where it was an open Wifi connection and a drive-by kiddie porn addict, and again I will say training is critical for investigators. To make a good case you need to do more then show possession as yes files can be there for a number of different reasons. You need to be mindful of means, motive, and opportunity (see »en.wikipedia.org/wiki/Means,_mot···ortunity )
quote:
In US Criminal law, means, motive, and opportunity is a popular cultural summation of the three aspects of a crime needed to convince a jury of guilt in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had to commit the crime (motive), and whether or not the defendant had the opportunity to commit the crime (opportunity). Ironically, motive is not an element of many crimes, but proving motive can often make it easier to convince a jury of the elements that must be proved for a conviction.
Means is important here as it implies two things on a computer, first someone willfully acquired the material in question (ie a pop up isn't willful) and secondly the identity of that person is known (ie not someone using the computer as a zombie under someone else's account). Now our local ICE group is trained and considers different ways in which files can end up on a system, as these are serious accusations which can have a huge impact on someone so accused, so you better be right (I suspect there is a law suit in the making here given its in the US). The local ICE group has an extremely high conviction rate as they do their work and know their stuff and if they tagged you, its only after they have bucket loads of evidence.
Blake
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Vendor: Author of Link Logger which is a traffic analysis and firewall logging tool |
