The FBI has openly admitted that its agents have difficulties collecting evidence from computers. FBI Director Robert Mueller told a House committee this summer that the agency lacks the technology skills and understanding that would allow agents to conduct complete computer forensics searches. Did FBI Bungle E-Mail Evidence? By Michelle Delio Print this E-mail it 11:55 a.m. Aug. 30, 2002 PDT The FBI may have overlooked a crucial e-mail account used by Zacarias Moussaoui when agents examined computers known to have been used by the suspected terrorist. Moussaoui, now defending himself against terrorism conspiracy charges stemming from his alleged involvment in the Sept. 11 attacks, recently requested that prosecutors turn over their records of messages sent and received through his Hotmail account. Moussaoui claims his e-mail could help him establish his alibi. But the FBI has no records of the account, and an incredulous U.S. District Judge Leonie M. Brinkema now wants to know how the FBI could have searched the computers Moussaoui used and not located any traces of the Hotmail account. In response, prosecutors have submitted a sworn statement from Microsoft stating that the company is also unable to locate any records of Moussaoui's Hotmail account. According to Moussaoui, he was registered with Microsoft's free Hotmail e-mail service as "xdesertman." Moussaoui claims he accessed the account from various computers, including his own laptop, a computer at a Kinko's copy shop in Minnesota, and another computer belonging to the University of Oklahoma. All of these computers were searched by agents following Moussaoui's arrest in August 2001. The FBI has openly admitted that its agents have difficulties collecting evidence from computers. FBI Director Robert Mueller told a House committee this summer that the agency lacks the technology skills and understanding that would allow agents to conduct complete computer forensics searches. Brinkema has also ordered the FBI to file an affidavit stating whether the agency requested help from other government sources when examining the machines Moussaoui used. "The affidavit must indicate why investigators were unable to retrieve any information from MSN Hotmail and/or any other computers or accounts searched," Brinkema wrote in the order. "It must make clear whether any efforts were made to obtain forensic expert services of any other government agencies such as the CIA or NSA to assist in retrieving the information." But the evidence may not have been on the computers by the time FBI agents searched them. When an account is inactive, Hotmail deletes stored messages after 30 days, and disables inactive accounts after 90 days. However, Microsoft has been unable to find records indicating the count ever existed, according to a statement submitted to the court by the company. E-mail sent by Wired News to "xdesertman@hotmail.com" bounced back with an unknown recipient error message. But attempts to create a new account using xdesertman as a user name were also refused by the service. Although Moussaoui has a computer in his jail cell for use in preparing his defense, he is not allowed to use the Hotmail service. Brinkema recently ordered that Moussaoui must be allowed to use a computer to connect to a restricted-access website which contains records relating to his case, but has banned him from accessing other Internet sites from his cell. http://www.wired.com/news/conflict/0,2100,54857,00.html