And the wonderful part of the forfieture law is that it's unconstitutional
...

> -----Original Message-----
> From: Nikki Cook [SMTP:[EMAIL PROTECTED]]
> Sent: Wednesday, June 28, 2000 1:48 PM
> To:   [EMAIL PROTECTED]
> Subject:      RE: I've Been Framed
> 
> To my mind, a number of factors come into play with your situation.
> 
> Local/State laws that govern your area.
> What actual damage your ISP suffered.
> Whether you're a dedicated or dialup customer.
> Is your ISP running a time client for timestamp accuracy.
> The logging tools the ISP uses and the quality of the logs they produce.
> How long they keep logs in their course of doing business.
> Are they logging all packets in/out (sniffing).
> Your online login/logoff relative to the breakin time.
> Any logging you are doing on your machine.
> Whether access to your machine limited/secured.
> Your whereabouts at the time of the breakin.
> 
> The ISP's logs, the quality (or lack thereof) of those logs, is the
> evidence they are using to support their accusation.  Therefore it is your
> target to dispute.  But that must be done convincingly by either
> countering
> their evidence or discrediting it.  I would consider anything less than
> accurately timestamped logging of all packets in and out, in combination
> with radius/router logging, a weak foundation of documentation supporting
> their accusation and position.   
> 
> However, saying you didn't do it frankly isn't going to fly with anyone,
> not with the police and certainly not in a court case.  Hijacking an IP
> does,after all, require a degree of skill on the hijacker's part.
> Spoofing... well... that's a tad easier for evil-doers these days, imo.  
> 
> Were I in your shoes, I would get an attorney.  He should pursue what
> evidence the police have and what their intent is regarding possible
> charges against you.  Then of course, you and he/she will decide a plan of
> action for criminal defense and/or the strengths you may have to take any
> civil action against your ISP.
> 
> As far as an expert is concerned, you might want to consider contacting
> SANS.  They may be willing to assist you, they're certainly capable.
> http://www.sans.org
> 
> If your state is like ours, you can likely forget recovering your
> computer.
>  Confiscations are done here under a forfeiture law.  Law Enforcement
> taketh and keepeth, no matter what the outcome of a case.
> 
> HTH,
> 
> Nikki
> 
> >> >How do I find an expert witness who could testify on my 
> >> behalf (should the 
> >> >need arise)?  My ISP uses RedHat.  I already contacted 
> >> RedHat about their 
> >> >On-Site Consulting services, but their services do not cover expert 
> >> >testimony.  I am located with the United States of America.  
> >> I am hoping 
> >> >for an expert in Linux security, RHCE preferred.
> >> >
> >> >Any ideas of where to find this kind of help would be appreciated.
> >> >
> >> >Victim of Police Stupidity
> 
> 
> Nikki
> 
> 
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