[427] in Best-of-Security
BoS: Victim Ordered to Surrender Computer and Passwords (FWD from RISKS)
daemon@ATHENA.MIT.EDU (Peter Tonoli)
Thu Oct 30 05:26:38 1997
Date: Thu, 30 Oct 1997 18:49:25 +1100 (EST)
From: Peter Tonoli <anarchie@brimstone.suburbia.net>
Errors-To: best-of-security-request@suburbia.net
To: best-of-security@suburbia.net
Resent-From: best-of-security@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
