Victim Ordered to Surrender Computer and Passwords

[Robert Hettinga]

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Subject: Victim Ordered to Surrender Computer and Passwords
Date: Thu, 30 Oct 1997 10:04:22 -0500
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Forwarded-by: Peter Tonoli <anarchie at brimstone.suburbia.net>

Date: Mon, 27 Oct 1997 03:02:58 -0500
From: David Kennedy <76702.3557 at compuserve.com>
Subject: Victim Ordered to Surrender Computer and Passwords

Approved: proff at 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

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-----------------
Robert Hettinga (rah at shipwright.com), Philodox
e$, 44 Farquhar Street, Boston, MA 02131 USA
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