Computer Forensics Involvement In Civil Suits
By: Jonathan Casavant

A Discussion on the Rise of Computer Forensics Analysis In Civil Suits
Civil Suits are defined as suits pertaining to a city or state, or to a citizen in his relations to his fellow citizens or to the state, rather than the government, which in turn would be a criminal suit. Computer forensics is the examination, analysis, testing and evaluation of computer based material, conducted to provide relevant and valid information to a court of law. At times some civil suits require the use of computer evidence, IE emails, instant messages, and previously viewed web sites, as part of either the defense or prosecution. If proven to be valid, computer evidence can be valuable to either side it is representing. There are many differences between civil suits and criminal suits. A criminal suit is a lawsuit alleging violations of criminal law by the defendant. The criminal law for the federal government and for every state sets out the legal rules of criminal conduct and the rules concerning how it is punished. Criminal law deals primarily with crimes committed against the state or with social crimes. Examples include murder, theft, larceny, arson, embezzlement, and rape. Civil laws are the laws of a state or nation dealing with the rights of private citizens. A primary example of civil law would be a divorce case or an e-mail spam case.
There are several steps that are taken in a civil suit when involved with computer forensics. The steps begin with preparation, which includes checking the size of the hard drive and the names of the users on the system. Next, you identify who, what, where, when, why, and how. This works because you identify who used the computer, where they used the computer, what sites they visited, when they decided to use the computer, how they logged into the computer and with what IP address, and finally why they visited the sites that were written there. The next step is the disk drive imaging of the hard drive of the computer, which includes taking all of the files and unallocated space from the computer in question. Then you would review the files that you obtained, and you can use such programs as Encase in order to observe the files. Finally you observe the unallocated space and slack space at the end of the disk drive, and observe the files you require.
Figure 1
Computer Forensic Investigator

To begin this computer analysis, we review several of the laws that govern computer evidence in Civil Suits.
Certain laws that come into effect during a civil suit in regards to computers are the USA PATRIOT Act, the Fourth Amendment, and the Communications Assistance for Law Enforcement Act. The
There are also several agencies that inquire to the use of computer forensics in their field of work. These agencies include
the TLSI Inc. Strategic Forensics Group IACIS, and also include the Biscayne Professional Associates, Lang Consultants, and the Mellon Forensic Group.
Inner workings of a computer
The next topic is on-line sexual harassment and basic harassment. There are many things to do if you are being harassed on-line, be it sexual harassment or just harassment. Some ways to stop harassment is to tell the web site service provider and possibly get the offender kicked off the site. You could possibly invest in an anti-spam program to rid yourself of unsolicited e-mails.
Finally you could also change the privacy controls on your Internet explorer icon to block off inappropriate sites where you may be getting harassed from. If you need more advice on on-line harassment visit the web site
http://public.findlaw.com/employment_employer/life_events/le9_6understanding.html
The next topic is computer slander. As a class, we went over computer slander during a reading that was assigned to us during class. As we previously read in class, on January 26, 2001
, Nam Tai Electronics, Inc alleged that the unknown individuals had posted "false, defamatory, and otherwise unlawful messages" on an Internet message board. Nam Tai then proceeded to file a subpoena duces tecum in a bid to make AOL reveal personal information about "scovey2," which was an account that posted slanderous remarks about the company. AOL argued that this violated the First Amendment, which gives the right to speak anonymously. The courts, however, affirmed their statement and forced AOL to give records regarding "scovey2."

Figure 3
Court Case
Also, computer evidence is prevalent in divorce cases for many different reasons, mainly because the spouse believes that he or she can find incriminating evidence located on the computer. Computer forensics specialists are capable of finding electronic data on computer systems that often reveals a
"smoking gun" against a spouse. Computer forensics specialists are able to locate hidden files in order to find incriminating evidence such as personal e-mails, letters to others, and other inappropriate content. These incriminating files can be found in word processing files, spreadsheet files, financial management software files, email files, image files, and Internet history.
Figure 4
NBA Civil Suit

There are several high profile suits located throughout the world of computer forensics. These include the NBA suit against AOL and STATS Inc. The NBA filed suit on August 28, 1996 against AOL and STATS Inc for providing play-by-play accounts of games that are in progress. The NBA claimed this violated the copyright laws of the National Basketball Association, and discouraged fans. A member of the NBAE witnessed this violation while searching the Internet, however the link on web site was decrypted only for AOL members and the NBA verified this when it visited the AOL Sports web page. The court ruled in favor of the NBA and AOL was forced to remove the link to the play-by-play accounts.
Other high profile cases include the Theofel v Farey Jones suit. In this case, Theofel issued a third party subpoena to Jones’s Internet Service Provider, but did not give exactly what he was looking for in the subpoena and requested all e-mail. The ISP complied, but Jones made a notion to have the subpoena removed as part of the evidence. The court punished Theofel for his vague subpoena with a $9,000 fine. Jones then attempted to form a civil suit against Theofel and his attorney, but was dismissed by the trial court. However, the 9th Circuit court reversed the decision and allowed Jones to administer his civil suit for the broad subpoena. Jones won his civil suit to nullify the subpoena.
One other prime example of a case involving the use of computer forensic would be the Microsoft and New York v OptInRealBig Corporation. The attorney general of New York, Mr. Eliot Spitzer, is charging OptInRealBig founder Mr. Scott Richter on the terms that he sends millions of spam e-mails everyday.
Mr. Richter defends that the people who receive his spam mail want to and accept the mail. Mr. Spitzer offered to settle the case for a mere $100,000, but Mr. Richter refused and said he is very confident that he can win this suit.
The trial date is set for January 1, 2005, which is the day President Bush makes it illegal and a crime to send spam e-mail.
Figure 5
Fighting Families

The final case used was the case of AOL v Cyber Promotions. America Online filed a civil suit against Cyber Promotions on June 14, 1996 when AOL discovered Cyber using false AOL.com e-mail addresses.
AOL then discovered that Cyber had sent millions of spam e-mail messages to AOL subscribers, and that an alarming 10% of those who received the e-mails canceled their subscription.
Cyber stated that by the first amendment, they had every right to conduct their business by means of AOL’s online service.
Once the case was taken to court, the jury ruled in favor of AOL because they had the right to remove access if spam e-mail is reported.
The conclusion to this project involves the study on the recently developed Pirate Act.
The Pirate Act was developed by the RIAA, it would give the Justice Department the ability to wiretap, and then file civil suits against file traders.This would result in an increase in civil suits against file sharing, which is a positive idea. But is this bill being rushed to quickly? There are many ways to answer this question and I will present the two sides to this debate. The first answer is yes, because it has only been two months since it was introduced and it is already at the Senate. No, because millions of files are taken every day and the music industry is losing billions of dollars in revenue.
Works Cited Page:
http://www.courttv.com/archive/legaldocs/cyberlaw/nbaol.html http://dictionary.reference.com/search?q=civil%20action http://public.findlaw.com/employment_employer/life_events/le9_6understanding.html http://www.informit.com/articles/article.asp?p=336258&seqNum=4 http://www.dslreports.com/shownews/44684 http://www.mellonforensic.com http://www.usdoj.gov/criminal/cybercrime/PatriotAct.htm http://www.usdoj.gov/criminal/cybercrime/carnivore.htm http://www.citizenreviewonline.org/Dec_2001/WA_state_farm_bureau.htm http://www.cops.org/html/forensicprocedures.htm http://www.usdoj.gov/criminal/cybercrime/usamay2001_4.htm http://www.wefightfraud.com http://www.undeleteit.com http://www.langconsultants.com