SD Lawyer asked:


Bundled Services

“Free” or “low-cost” PC offers often require “bundled” Internet service contracts, which may last up to three years. In return for signing up for Internet service, you can get as much as a $400 rebate on the computer purchase. While some of these offers can be good deals, many are not as affordable as they may seem. Frequently, important details about the rebate and Internet service offer are difficult to ferret out because they’re left out of the advertising or buried in the fine print.

Up-Front Costs

To get a “low cost” PC, you may have to pay the full cost of the computer up front – that is, the total price without any rebates. If the PC is advertised for $199 after rebates, you may have to pay $599, plus any sales tax and shipping charges, and then send for the $400 rebate.

Usually, you have to apply for the rebate in writing, mail in documentation of the sale and then wait – sometimes months – until you receive your rebate check. Sometimes “instant” rebates are offered and you can get your deduction immediately. But some offers allow you to spend the rebate only on other merchandise from the manufacturer or retailer, meaning you still have to pay the full price for the computer.

Internet Access

When you buy a “free” or “low cost” computer, you often have to sign up for three years of Internet service at $20-$30 a month – a total cost of up to $1,000 for three years. Technology is changing at a dizzying pace. It’s possible that the three-year Internet service you lock in today could be out of date in six months or a year. And if you’d like to cancel your service, you’ll likely have to pay a substantial penalty.

If you decide to cancel your Internet service for any reason, chances are you’ll have to pay back some or all of the rebate you received; you also may have to pay a cancellation fee of $50 or more.

If you don’t live in a major metropolitan area, you may have to pay long distance telephone charges to access the Internet. Or you also may be able to use a “toll-free” (800, 888 or 877) number supplied by the Internet Service Provider (ISP), but you may be charged five or six dollars an hour to use their “toll-free” number. Whether you choose to use the ISP’s telephone number or pay long-distance charges, your phone calls to access the Internet could add up to more than you’ll save through the rebate.

If the PC offer requires you to sign-up for Internet service, ask the retailer and the ISP for the Internet access phone numbers closest to you. Then check with your local phone company to determine whether you have to pay long distance rates to use those phone numbers. You may want to consider another offer if the “deal” you’re considering requires you to call long distance or pay a fee to access the Internet.

Other Costs

It’s possible that the cost of a monitor or other crucial system components may not be included in the PC offer you’re considering. The advertisements for the offer may not be clear about what’s included. If you have to buy a monitor, for example, plan on spending at least an additional $150.

When considering a “free” or “low cost” PC offer, ask the retailer about up-front costs, rebates, essential components, Internet access costs, long-term commitments, cancellation policies, local or long distance phone access and any other important issues. Details will help you determine if you can afford the “free” PC.

Steve Burgess asked:


Copyright (c) 2008 Steve Burgess

Computer forensics practices and procedures can diverge significantly depending upon whether the investigation is criminal or civil litigation. Standards for data collection evidence can be different, as can the process of data collection and imaging. Furthermore, the consequences of the case may have dramatically different impacts.

A couple of quick definitions may be in order. Criminal law deals with offenses against the state – the prosecution of a person accused of breaking a law. These offenses may include crimes perpetrated against an individual. “The People”, in the form of a state representative (for instance, the District Attorney) makes formal charges and the accused must then face the government’s full resources. Guilty outcomes can result in fines, probation, incarceration, or even death.

Civil law covers everything else, such as violations of contracts and lawsuits between two or more parties. The prevailing party often is entitled to payment, property or services from the loser. Imprisonment is not at issue in civil cases. As a result, the standard for evidence is not as high in civil cases as in criminal cases.

For the law enforcement computer forensics specialist, a certain amount of extra care should be taken in collecting data and producing results, for the standard of proof is higher. There are advantages on the data collection end, however. For once a court has authorized a search warrant, an officer (and possibly several) with badge and gun can go seize the defendant’s computer by surprise and by force. Once the computer has been seized and imaged, all data is accessible and may result in additional charges being brought against the defendant.

By contrast, in a civil case, there tends to be a lot of negotiation over what computers and what data can be inspected, as well as where and when. There is not likely to be any seizing of computers, and quite a long time may take place between the time the request to inspect a computer is made and the time the computer is made available to be inspected. It is common for one party to have access to a very limited area of data from the other party’s computer. During this time, a defendant may take the opportunity to attempt to hide or destroy data. The author has had several cases wherein the computer needed for analysis was destroyed before the plaintiff had the opportunity to inspect. Such attempts at hiding data are often discovered by the digital forensic sleuth, who may in turn present evidence of such further wrongdoing in expert witness testimony.

Opportunities for learning techniques and interacting with other professionals may differ as well. While some computer forensic software suites and training, such as Access FTK, EnCase, or SMART Forensics are available to most who can pay, others, such as iLook are available only to law enforcement and military personnel. While many support and professional organizations and groups are available to all, some, such as the High Technology Crime Investigation Association (HTCIA) are not open to professionals who provide for criminal defense (with a few minor exceptions).

Police, Homeland Security, and other law enforcement personnel’s goal is to generate a body of evidence significant enough (presuming such evidence exists) to find the criminal defendant guilty. The standard for information presented to the court and jury in such a case is fairly high. From the time digital data or hardware is seized and acquired, Rules of Evidence must be kept in mind (Cornell University has the complete and voluminous code on its website). Law enforcement personnel must follow accepted procedures or evidence could be thrown out. Acquisition of data and discovery in criminal cases often must follow sometimes strict and differing procedures depending upon whether the jurisdiction is federal, state, or municipality and at times depending upon a judge’s preferences.

The expert in a civil case may not analyze all of the data on a computer at a very deep level Initial efforts may rather be a kind of fact-finding mission, intended to determine the value of digging deeper and at greater expense. As such, the initial presentation of data may be fairly informal, and be just enough to induce the parties to settle the case. On the other hand, the data found may be so minimal the line of inquiry into electronic evidence is dropped.

Although we use many of the same tools, computer forensic professionals in private practice and those in law enforcement are held to different standards, have access to different resources, and their work results in substantially different outcomes between the criminal and civil cases to which they contribute.