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Email Evidence in Court
- Thread starter Dr.Evil
- Start date
Amp said:
these are interesting points. the keystroke bug delves into issues of privacy which i'm not too familiar with. for the case with the mafia and the fbi, it's gonna come down to how the search warrant was worded. if the search warrant was for electronic, magnetic, and any other form of computer data relating to the gambling and loansharking business of this mafia lord then i don't see how a judge could turn this down. there should be no issue of authenticity either in this case because he's using digital signatures and encrypted key pairs with pgp (he's the only person that should have access to this info, so the burden of proof that someone else used his passwords and key pairs would be on him, not the government). all other evidence the fbi got as a result of using the keystroke logging bug such as medical records, airline receipts, etc. should not be allowed as evidence assuming the search warrant did not encompass it.
SirWanksalot
New member
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What is the "Stealther" ?
Features: Absolute anonymous Internet surfing, No trace-back possible, Automatically updated proxy-database, Possibility to check proxies for availability, LAN-Gateway with Content Control, New identity on every website you open, Protects you from data-spying ->> Absolutely protected privacy <<-
Stealther is a program which you use together with your web browser to ensure your anonymity when you surf the Internet and download files. It allows you to hide your real identity from the websites you visit, block cookies and modify any information about your computer that is sent out by your web browser.
Window Washer v4.5
Window Washer is the award winning privacy and clean-up utility that eliminates all these tracks from your computer! Cleaning up the history of your activities can be a tedious chore of manually removing each history file or entry. If privacy and disk space are to be maintained, this process must be performed every time you use your computer. Window Washer makes cleaning up a breeze!
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• "Bleaching": For added security, Window Washer can completely overwrite files with random characters up to 10 times, rendering the file unrecoverable by Undelete or Unerase utilities. Improvements to the bleach function overwrites files in FAT, FAT32 and NTFS, and will even overwrite the "slack space".
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sir wanks, that was either a cut and paste from the company's product discription, or you're selling window washer lol. j/k.
i'm not familiar with what sk* was talking about with the 1 and 0, but i know window washer doesn't do the trick. the fbi can find all washed material after window washer is done with it, but it is extremely time consuming and expensive and not likely done on your computer unless you're a terrorist. the estimated time to retrieve all washed material is 240 hours per hard drive per wash.
i'm not familiar with what sk* was talking about with the 1 and 0, but i know window washer doesn't do the trick. the fbi can find all washed material after window washer is done with it, but it is extremely time consuming and expensive and not likely done on your computer unless you're a terrorist. the estimated time to retrieve all washed material is 240 hours per hard drive per wash.
C
Citruscide
Guest
Dr.Evil said:
Also, in order to qualify for a business document, it has to have some sort of arrangement or organization to it. Simply having a price list on a computer could have been generated anywhere, and it's authenticity is highly doubtable. Now, a price list, with purchase agreements, contracts, records of sales, income tax returns all kept in the same general place would show a trend of business... and would get in past the hearsay exception.
Hearsay is ANY out of court statement that is used to prove the truth of the matter asserted. E-mail evidence that has you saying "Yes, I have 2000 Dbol and sell them frequently" cannot be used to prove you have them or sell them... but it could be used to attack your character or creditability if you said you never have sold Steroids before in your life.
Does that make sense? you can admit hearsay evidence as long as you aren't admitting what it is... it's confusing, and that's why you go to law school and hire lawyers. Simple English Version: If I have a paper that says "A", it cant' be admitted to prove "A" but it can be admitted to show "B and C".
E-mail me if you's gotz questions... SUCKA!!!
C-ditty
Last edited:
C
Citruscide
Guest
Re: Re: Re: Email Evidence in Court
Authenticity is a completely differnet story. If the evidence isn't authentic, it can't get in. Basically, if "A" is a piece of paper (or e-mail) that can not be proven to be written by the writer... then it really doesn't matter if it is hearsay or not...
That's my take on it. Now, if I used Joe Citruscide (my real name) and had an e-mail [email protected] -- it would be pretty easy to trace who my e-mail belongs to. Now, who else had access to my account, that's another story... but when you start saying "Anyone could have e-mailed that from my account", now you sound like a guilty person just throwing out bones. It would be better to actually disprove that the account was yours in the first place... if at all possible.
C-Ditty "A to the mutha fuckin' K"
HELLSPAWN said:
Authenticity is a completely differnet story. If the evidence isn't authentic, it can't get in. Basically, if "A" is a piece of paper (or e-mail) that can not be proven to be written by the writer... then it really doesn't matter if it is hearsay or not...
That's my take on it. Now, if I used Joe Citruscide (my real name) and had an e-mail [email protected] -- it would be pretty easy to trace who my e-mail belongs to. Now, who else had access to my account, that's another story... but when you start saying "Anyone could have e-mailed that from my account", now you sound like a guilty person just throwing out bones. It would be better to actually disprove that the account was yours in the first place... if at all possible.
C-Ditty "A to the mutha fuckin' K"
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