March 2002      Volume 2 Edition 2

Computer Forensics and National Security
By Erik Laykin,

Recent American studies have shown that the average Internet enabled American worker wastes close to 25 percent of their workday surfing the Web, communicating with friends and engaging in activities that are unrelated to their job. Some business owners today, consider this type of activity to be the most fundamental information technology fraud perpetrated on investors, shareholders and the management of American companies. Irrespective of sophisticated information technology fraud and failures involving insider trading, intellectual property theft, and misappropriation of company assets; the simple act of multiple employees collectively wasting their time on personal matters is enough to drive the overall value of any corporation southward    >>> read more ...

 

 

Document Retention Policies for Networks
By Bill Reilly JD

The duty to preserve documents that the company knows, or reasonably should know, would be relevant in an action against the company is an essential element in the pre-trial "discovery" process. Essentially, the discovery process is where each side seeks information from the other side to prepare their complaints and responses. However, there is a temptation for companies to play free and loose with potentially incriminating documents in their possession. All one has to do is look at the current Enron fiasco. The consequences of hiding documents can be extremely serious, even leading to criminal charges. Judges have become more sophisticated in recognizing when a company is hiding or destroying documents, and they have a tendency to react swiftly with appropriate sanctions.
   >>> read more ...

 

 

Second circuit - website linking rules
By Bill Reilly JD

This article will look at the court's linking arguments and suggest ways that web site owners may avoid falling into the category of being a "trafficker" by following the rules set out by the court. It should be stressed that this is only the current law in the Second Circuit, which includes the states of Connecticut, New York and Vermont. However, other jurisdictions could consider these holdings "persuasive," which means that they do not have to follow the rules set out in the cases, but they can use them if they find the application of the law was appropriate.    >>> read more ...

 

 
 
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