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What Are Cyberbullying, Trolling, and Cyberstalking? The Dark Side of Free Speech, Part 2
Cyberbullying Our culture and probably most others have historically felt that bullies are bad news, but that being bullied is also a rite of passage. We often think that bullying tends to end with grammar school. Nothing is further from the truth. As a culture, we...
Cyberbullying, Trolling, and Cyberstalking: the Dark Side of Free Speech Part 1: What is Free Speech?
To listen to, read, or watch the news, it is clear that there is broad misunderstanding about the right to free speech. It is not the freedom to say anything to anyone anywhere, but rather a prohibition to keep the government from denying us the right to express...
Federal Rules of Civil Procedure and ESI The evolution of e-discovery and computer forensics, Part 2: Zubulake v. UBS Warburg
The field of electronic discovery and digital forensics is rapidly evolving. In the early years of this millennium, discovery rules dealt primarily with paper, but with the advent of the computer age, documents are drafted electronically and important rules regarding...
The Supreme Court and Your Smartphone
Suppose you're pulled over because your left taillight is out, because your license plate tag is a bit out of date, or because one of your passengers just threw a cigarette butt out the window. And suppose the officer notices that you have a cell phone in your pocket....
Federal Rules of Civil Procedure and ESI: The evolution of e-discovery and computer forensics, Part I
Nearly all documents start on a computer and discovery for litigation necessarily requires accessing electronically stored information (ESI). Rules regarding ESI in discovery - whether opponents are allowed access to it and who pays - are fast-evolving and differ from...
What Do iPhone Forensic Investigations Reveal?
iPhones are little, pocket-sized supercomputers. With power and capabilities unimaginable just a few years ago, they can be seen everywhere and with every kind of person's face buried in one. They hold music and videos, photographs and games, communications and the...
Data Recovery, Forensic Artifacts & Flight 370
We're all computer users now and by virtue of the fact that we write, we're all content creators as well. But what happens when you don't like the created content and decide to dump it - or accidently close something without saving it? Is it necessarily gone? The...
Home-Brewed Data Destruction
Law around the subject of electronically stored information (ESI) is ever-evolving. In a lawsuit, it's treated just like paper documents. If you shred or burn the paper evidence, you're in trouble – and if you're caught deleting or wiping electronic evidence, you're...
Laptop Data Recovery
Burgess Consulting recovered all of the data from this laptop When the library of Pine Grove Elementary School was gutted from an intense fire, this laptop was discovered in the ashes. The hard drive contained all of the insurance information needed to pay for...
The Current State of CyberWar in the World
Drama. Drama is the touchstone for reporting. We have to look well around this particular stone in order to catch a realistic impression of the virtual. We have to look around it even to understand what CyberWar is or how it is defined. When talking about cyberwar,...