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From: Sean Donelan (no email)
Date: Sat Dec 01 2007 - 14:17:11 EST
On Fri, 30 Nov 2007, David Newman wrote:
> I'd heard about a kiddie porn case getting tossed because the defense
> successfully argued law enforcement's tap may have dropped frames. I
> didn't believe it until I measured this myself with a packet blaster.
I would like to see a citation for this case. Evidence from network taps
would be very rare in a child explotation case, and extremely unusual for
it to be the sole evidence in such a case. Despite the "CSI effect,"
the existance of perfect data is more suspicious than glitchy data in a
criminal case. Sounds a bit like the story of a case being dismissed
because a computer banner said "Welcome" (no such case has ever been
found).
If you had said it was a narcotics case, I would be less skeptical.
> Endicott-Popovsky, B.E., Chee, B. and Frincke, D. Role of Calibration as
> Part of Establishing Foundation for Expert Testimony, in Proceedings 3rd
> Annual IFIP WG 11.9 Conference January 29-31, 2007, Orlando, FL.
Thanks for the citation. Using an aggregation tap for a criminal
investigation is not a good idea, but I guess it wouldn't surprise me if
someone did. Investigators should understand the limitations of their
equipment and as suggested check its calibration with known data.
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