--- begin forwarded text Resent-Date: Thu, 30 Oct 1997 10:11:33 -0500 X-Authentication-Warning: qnx.com: localhost [127.0.0.1] didn't use HELO protocol To: 0xdeadbeef@substance.abuse.blackdown.org Cc: bostic@bsdi.com Subject: Victim Ordered to Surrender Computer and Passwords Date: Thu, 30 Oct 1997 10:04:22 -0500 From: glen mccready <glen@qnx.com> Resent-From: 0xdeadbeef@substance.abuse.blackdown.org X-Mailing-List: <0xdeadbeef@substance.abuse.blackdown.org> archive/latest/2399 X-Loop: 0xdeadbeef@substance.abuse.blackdown.org Precedence: list Resent-Sender: 0xdeadbeef-request@substance.abuse.blackdown.org Forwarded-by: Peter Tonoli <anarchie@brimstone.suburbia.net> Date: Mon, 27 Oct 1997 03:02:58 -0500 From: David Kennedy <76702.3557@compuserve.com> Subject: Victim Ordered to Surrender Computer and Passwords Approved: proff@suburbia.net Cyber Allegations (AP US & World 21 Oct 1997)
PONTIAC, Mich. (AP) -- A woman who said she was sexually assaulted by a man she met through an on-line "chat room" has been ordered to turn over her computer for examination by the defendant's lawyer. Circuit Judge Alice Gilbert issued the order Oct. 8 after the defendant said another computer user told him that the woman had bragged on-line -- in a chat room called "Man Haters" -- about making up the story. The woman was also ordered to reveal her password and on-line aliases.
o The accused, a 26-year old is alleged to have pulled a knife and attacked the victim after a date on Feb 28th. Prosecutors have said they will appeal.
"In my view, turning over somebody's computer these days is the same as asking to go through their diary or mail," said prosecutor John Pietrofesa. Inspecting computer records from the opposing side, while relatively new in criminal cases, has become common in civil cases, said Michigan lawyer and computer law expert Robert A. Dunn. In civil cases, a judge will institute safeguards such as making both sides sign a confidentiality agreement that information gleaned from computer records will not be disclosed outside of court, he said.
Dave Kennedy CISSP, National Computer Security Assoc --- end forwarded text ----------------- Robert Hettinga (rah@shipwright.com), Philodox e$, 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' The e$ Home Page: http://www.shipwright.com/ Ask me about FC98 in Anguilla!: <http://www.fc98.ai/>