Jul 19 2010

UNIJES 2010: La prueba en informática: evolución, estado actual y propuesta de formalización

Tag: Computing, Signs and Reasoning,Informática LegalJoaquim Anguas @ 6:50 pm

Esta mañana he presentado esta ponencia en el congreso UNIJES 2010: La prueba judicial.

He añadido una sección con algunas de mis presentaciones y publicaciones aquí.


May 12 2010

Jornada CEA -40

Tag: Informática LegalJoaquim Anguas @ 10:32 pm

Esta mañana he participado en un encuentro organizado por Javier Fernández-Samaniego y su equipo de Bird & Bird en España que se ha celebrado en la sede de FIDE en el marco de las actividades de CEA -40 del Club Español del Arbitraje. Alrededor del tema de la sesión “Arbitraje y nuevas tecnologías”, hemos actuado como ponentes Javier y su compañero en Bird & Bird Pablo Berenguer en la vertiente  jurídica y en referencia a aspectos más técnicos Raúl Maldonado de Tecnoperitaciones y yo mismo.

Mi agradecimiento desde aquí a los organizadores. Ha sido un placer saludar a los compañeros de CEA -40 de Madrid y la jornada ha dado para discutir y aportar; a mi desde luego ma ha resultado enriquecedora.

Os dejo el guión de mi ponencia aquí.


May 02 2010

lawful interception / lawful spying and FRE

Tag: Informática LegalJoaquim Anguas @ 9:14 pm

Recent news have taken lawful interception to (some) media exposure.

That LEA, NSA and other agencies may be using interception and/or spying to gather intelligence is no surprise to no one.

To do so, there has to be many actors intervening, including operating system vendors, network hardware manufacturers, network providers, TTP, etc, who may release proprietary secret knowledge about their systems in order to keep a competitive advantage with the considered “bad guys”.

But reading FRE 702 and 703 (and the excellent notes here and here) one wonders in his infinite ignorance, if evidence collected using bleeding edge lawful interception techniques (those that use to be proprietary and secret) ever surfaces in trial, how is it going to stand?


Abr 27 2010

Exercise

Tag: Informática LegalJoaquim Anguas @ 9:22 pm

I’ve just finished this book (excellent reading, by the way). It encourages you to critically read and comment cases. In order to test the knowledge I acquired in the read (or the lack of it, thereof), I want to evaluate the following case presented as an exercise:

Read the following text, put it into context and raise the legal issues you may find relevant.

On his birthday, Mr. Engineer, employee at a high-tech firm named Pear, goes to a biergarten and leaves behind a prototype cell phone he was working with.

Mr. Finder, also client at the bar, finds the prototype and allegedly tries to contact the firm with the purpose of returning it. Pear employees are not aware of the prototype missing and do not give Mr. Finder proper guidance to return the valuable.

Mr. Finder then contacts Mr. Journalist, editor at an online publication dedicated to gadgetry news. Mr. Finder gives the found prototype to Mr. Journalist in exchange of 5.000USD.

Mr. Journalist publishes details of the device and the name of Mr. Engineer on his online publication.

Days later a search warrant is served at Mr. Journalist’s house when he is not at home and all computers and storage media found are seized.”

Continue reading “Exercise”


Abr 19 2010

Curs de prova electrònica ICAB

Tag: Informática LegalJoaquim Anguas @ 10:09 pm

Avui he participat com a ponent a la sessió d’introducció del Curs de Prova Electrònica que organitza la secció TIC de l’ICAB.

Podeu trobar la meva presentació aquí.


Abr 14 2010

Tracing VoIP calls

Tag: (i)realidad,Informática LegalJoaquim Anguas @ 1:39 pm

It was like something out of a movie: an US Capitol Police Special Agent and three San Francisco cops drop by a suspect’s home to ask about threatening phone calls targeting House Speaker Nancy Pelosi. They know the calls all came from a specific phone number, one assigned to the VoIP provider magicJack, but the suspect denies that the number is his. The agent steps into the other room and uses his cell phone to call the number. A telephone connected to the suspect’s computer starts to ring, and the suspect answers it. “Hello,” says the agent.

When the agent returns to the room and asks if the suspect wants to change his story, the man admits that the calls were his own.

The moral of the story: if you’re going to call people and taunt them with the untraceability of your phone number… make sure the phone number is actually untraceable.

Via arstechnica.


Mar 29 2010

Certifying lies

Tag: (i)realidad,Informática LegalJoaquim Anguas @ 7:54 pm

Packet Forensics is a firm that provides products and services to enterprises, network operators, law enforcement and defense and intelligence agencies.

It was mostly unknown, but lately it is gaining some focus because of a product of them that may be circumventing SSL.

See Wired (or Gizmodo) and arstechnica for more information. This paper from Christopher Soghoian and Sid Stamm explains the techniques they may be using.

P.S: Do not waste your time searching for the product on their website, it is not listed there.


Mar 28 2010

Evidence of obstruction

Tag: (i)realidad,Informática LegalJoaquim Anguas @ 12:24 pm

To the extent that the key players can be identified early, forensically imaging their hard drives immediately will demonstrate good faith and potentially avoid second-guessing later in the investigation.”

Karen E. Willenken, counsel specializing in white-collar criminal defense at New York-based Skadden, Arps, Slate, Meagher & Flom, makes a good point in this very interesting article.

It is focused on the importance of preserving hard drives in order to provide a strong proof support in the event of a request to produce evidence. At least in case the evidence found on them does not make you appear guilty.

Of course it does not fully apply to our legal system (Spain), but there are also mechanisms here that allow the judge to consider bad faith or to draw adverse inference from evidence (or the lack of it).

Via Forensic Focus.


Mar 20 2010

SecureCloud 2010: day 2 and conclusion

Tag: (i)realidad,Informática Legal,SystemsJoaquim Anguas @ 7:38 pm

SecureCloud 2010, second day:

Keynote

First session was an excellent keynote by Mrs. Pamela Jones Harbour, Commissioner at US Federal Trade Commission. She “asked the tough questions” and pointed to some “storm clouds”.

First “storm cloud” she talked about was asymmetry between users and companies: consumers may not understand when they are using cloud computing and it is hard for them to delimitate what data they are willing to share. In the offer side, providers do not offer consumers minimum choices, they present “incomprehensive privacy clauses”, they don’t “adequately disclose the scope” and hide behind “click wrapped agreements”.

Second “storm cloud” was (in)security. Cloud services are potentially unsecure and there’s a potential opportunity for providers to avoid responsibility and accountability.

Third “storm cloud” was competition. There’s a great range of choices and if the consumer’s side does not request accurate information and an adequate level of security in the competitive process, government may have to make an intervention on the market. Turbulent times are forcing companies to low cost, so they are forced by the market to lower best practices.

Fourth “storm cloud” was Incompatible jurisdiction. There is an uncertain state of the law in the USA and there’s being some lobbying at federal legislation on cloud computing. There’s a need to identify challenges and develop good practices. In any case, rules have to be process oriented, not technology oriented, not specific on technology requirements.

Final message was: ask the tough questions but don’t fear the challenge of the cloud.

Continue reading “SecureCloud 2010: day 2 and conclusion”


Mar 18 2010

Semantic Levels and Computer Evidence

Semantic Levels

As I had explained here, I consider there is a meaning construction, from magnetic fields in the surface of a disk to high level facts we can map to real world, when we talk about computer evidence. This contruction occurs in steps and every step involves a semiosis, up to high level facts.

It is in this last level in which a judge can render them into the final award applying all the arguments presented by the parties and regulations that rule the process.

There’s a state of opinion that defends that computer evidence that has been blessed by digital signature can slip into the process without the intervention of an expert witness: it can be treated as a document.

Don’t get me wrong, I am not saying that computer documents do not deserve this. But I am not talking about word processor or PDF files here, documents that have a meaning by themselves into the procedure. We are talking about something like a log file. And in general, I consider a log file a computer evidence, not a document.

In my oppinion this may lead to the following problem:

Continue reading “Semantic Levels and Computer Evidence”


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