Client wants data recovery...... for ammunition against husband!

[kisk]

Picked up a clients laptop today and she is in a pickle of situation.

Basically, she's married and her husband is in the military. From what she explained (for over 15-20mins) is that she suspects her husband of cheating but has no proof. He kicked her out and since they lived in Germany, she was forced to move in with her mother here in the states with her disabled son.

She pretty much said I am her only hope in getting something for her to use against her husband.

I've got the files recovering, but am a little hesitant about handing them over. I'm not trying to get into a legal dispute even if it has nothing to do with me, however she is a paying client and its an easy job.

What would you do?

 

[MrUnknown]

well, They can't do anything to you because the court case would be in Germany I am assuming.

That being said, she probably can't use what you find in court because there is no proof it hasn't been altered as you aren't a company that does forensic level recovery.

To cover yourself, I would make her sign a statemet that she won't use it in a legal case.

 

[Hercomputers]

H-m-m-m, you're hesitant in handing the data over but it's the client's data. Why are agreeing to recover the data? I'm asking this because it sounds like you've already accepted the job and you're completing the recovery.

At this point, you might as well finish the job since you already said it's a easy one and she is paying to have it did.

You should have asked this before you picked up the laptop---

 

[anonymous Mac Tech]

Its work, do it. Not your area to judge and I'd ignore the fact she gave you too much information.

That being said, she probably can't use what you find in court because there is no proof it hasn't been altered as you aren't a company that does forensic level recovery.

This is very true. Might be worth mentioning to her to get you out of the loop.

 

[JosephLeo]

If you buy stolen merchandise but don't know that it was stolen you can't be prosecuted. Alternatively if you buy stolen merchandise and know it was stolen you can be prosecuted.

That being said, if the computer belongs to her then there would be no possible legal issues in recovering the data as it is her property and any subsequent actions (such as stored private data) thereby belongs to her, but if it isn't her computer then there can be legal issues.

Have her prove that it is her computer before handing over the data. A receipt would be good enough. Then keep a copy for yourself that way in case of any legal actions you would have a defense.

 

[Nach0]

i have had the same a few times!

Living in a small town, we get to know each others closet skeletons
but I have had 2 instances of customers who want 'dirt' on their partner.

things im very dubious about are 'retrieving' passwords, i would ask for proof of ownership (an invoice with clients name and the selected system)
simple data retrieval (cause partner A has deleted files so partner B doesn't find them) is not an issue, I get told 'recover any photos' so thats what I do.

some are sly about it, asking for data recovery, then i find out from others its because of a split (again, a small town

So use your own judgement, try not to judge the client, but try not to get too involved/biased, an angry husband demanding to know who recovered photos of him with 'shes just a friend' on the PC can sometimes be the target of violence.

If you feel uncomfortable, refer them to someone you dont like

Nach0

 

[PcTek9]

The colour of money is green. <- learn that.

Never ask for extraneous information.

Your motto should be "I don't need to know any details".

"Of course I'll unlock it for $100 dollars."

not "what is this bloodstain on the corner of the notebook attached to some hair..."

one makes money, one makes trouble.

 

[Puff]

Picked up a clients laptop today and she is in a pickle of situation.

Basically, she's married and her husband is in the military. From what she explained (for over 15-20mins) is that she suspects her husband of cheating but has no proof. He kicked her out and since they lived in Germany, she was forced to move in with her mother here in the states with her disabled son.

She pretty much said I am her only hope in getting something for her to use against her husband.

I've got the files recovering, but am a little hesitant about handing them over. I'm not trying to get into a legal dispute even if it has nothing to do with me, however she is a paying client and its an easy job.

What would you do?

I don't know what state you live in but in Texas it is illegal to perform computer forensics without a private investigators license if you are trying to collect information that will be used in court.

I had a lady come to me a few weeks ago with a similar issue. I told her she should first contact an attorney and then have him handle it.

My advise to you is to call her and tell her to come pick up her computer and to bring it to her lawyer instead.

 

[Puff]

The colour of money is green. <- learn that.

Never ask for extraneous information.

Your motto should be "I don't need to know any details".

"Of course I'll unlock it for $100 dollars."

not "what is this bloodstain on the corner of the notebook attached to some hair..."

one makes money, one makes trouble.

This is bad advice. You'd be smart not to take it.

 

[Graystar]

This is bad advice. You'd be smart not to take it.

I would disagree that this is bad advice,
I think each of us have a responsibility to do what we are hired to do and not pry into our customers lives and/or data.
Many customers I deal with pour out their guts about stuff that I have no business knowing, and I always steer the conversation back to business as I don't want to be involved in their Drama.
I would not make her jump through hoops to prove she owns the laptop.
If she can log on to it then so be it.

my 2 cents

 

[Puff]

I would disagree that this is bad advice,
I think each of us have a responsibility to do what we are hired to do and not pry into our customers lives and/or data.
Many customers I deal with pour out their guts about stuff that I have no business knowing, and I always steer the conversation back to business as I don't want to be involved in their Drama.
I would not make her jump through hoops to prove she owns the laptop.
If she can log on to it then so be it.

my 2 cents

This is not standard computer repair work. She is wanting to find evidence to use against her husband which I can only assume means divorce court.

When you are dealing with these types of issues, you are in a whole new world.

She needs to see her attorney and he will find a forensics expert with the proper training, equipment and licensing (if the state requires it) to do the job.

Without even asking the poster his prodecures I can already tell you this much just by guessing.

1. He has no background in digital forensics.
2. He is not following any written procedure and/or keeping a log.
3. He is working off the original drive and never made a bit level copy
4. He is not using a forensic write blocker.

Any good lawyer will be able to have this evidence supressed and guess who she's going to come after when that happens?

Then again, I might be wrong because I've only testified in federal criminal cases. Divorce court might be different because it's a civil case but I'm not an attorney and neither are you.

We each have a responsibility to do what we are hired to do? Are you serious?

 

[Mr I]

The colour of money is green. <- learn that.

Never ask for extraneous information.

Your motto should be "I don't need to know any details".

"Of course I'll unlock it for $100 dollars."

not "what is this bloodstain on the corner of the notebook attached to some hair..."

one makes money, one makes trouble.

I agree with PCTeck9 to a certain point. We are technicians not detectives or counselors. As long as we use common sense with a good set of values, we're fine. For example:
Case 1: User needs to reset his OS account. His name is John but the account name is Stacie. uhmmm I wouldn't do it.

Case 2: User logs in and ask for data recovery on files with specific dates. We don't have to know more details, just recover the data. The login was legitimate.

We should be like a computer, reading 0 and 1. When moving data I try to avoid as much as I can to see the content in a file; image or text. That's customer's privacy.

 

[kisk]

Well I've completed the recovery of everything that was available to be pieced back together with folder structure intact. I'm just going to give it back to her like that and tell her the fact that the data might not even hold up in court because I'm not a forensic-level technician.

All I've done is recovered all files that were recoverable on the drive and made them available. I'm not playing detective or looking through the files for flags -- that's her job IMO. I just did the recovery

 

[Mr I]

on your work order you should include something saying that you are not responsible for any legal actions. I'm just saying, this is the time to protect your butt.

 

[Mushin]

Picked up a clients laptop today and she is in a pickle of situation.

Basically, she's married and her husband is in the military. From what she explained (for over 15-20mins) is that she suspects her husband of cheating but has no proof. He kicked her out and since they lived in Germany, she was forced to move in with her mother here in the states with her disabled son.

She pretty much said I am her only hope in getting something for her to use against her husband.

I've got the files recovering, but am a little hesitant about handing them over. I'm not trying to get into a legal dispute even if it has nothing to do with me, however she is a paying client and its an easy job.

What would you do?

Key points..

1.) It is her/their computer.
2.) It is her/their data.
3.) You are not doing anything illegal.
4.) She is not doing anything illegal.
5.) What she does with the data is entirely up to her.
6.) This is a civil matter so don't worry about forensics or anything like that.
7.) Charge what you chrage
8.) It is up to the courts (if it goes that for) to decide what the data tells.
9.) Priovide the service, collect you money, move on.

 

[keeperofthecode]

I don't know what state you live in but in Texas it is illegal to perform computer forensics without a private investigators license if you are trying to collect information that will be used in court.

I had a lady come to me a few weeks ago with a similar issue. I told her she should first contact an attorney and then have him handle it.

My advise to you is to call her and tell her to come pick up her computer and to bring it to her lawyer instead.

I can confirm this in the state of Texas. Been there done that, talked to a judge about it and luckily skimmed by without criminal actions being taken against me for working as a PI without a license. It's nice being the counties IT guy. It was very newb thing I did several times when I first started out and luckily did not get to the point that I lost my business over it. Proceed with caution.

 

[Rider]

You're dealing with a military member overseas. The soldiers and sailors relief act applies. Basically it protects the military member from any sort of civil litigation until they return to the US.

However, on the flip side of that coin, you're dealing with the military and she has alot of power over him on this sort of issue. Adultry is a crime in the military. All she needs to do is report her suspicions to his Commander and the Commander will likely "counsel" him even if she doesn't have proof. If she has some sort of proof then the military member will likely be reprimanded at the very least.

On the same note, as his dependant he is required to provide her support regardless of where she resides. If she is back in the states then the Commander will direct him to pay her at a minimum the difference between single rate and dependant rate BAH or OHA.

She probably can't pursue a Divorce until he returns to the states but she is definitely entitled to support, especially caring for a disabled child. I encourage you to help her and provide her with what she is asking for so she can get what is rightfully hers.

Rider

 

[angry_geek]

First off, we are not the moral police. We are techs. If someone comes to you with a service request, do it. Now, obviously, if you discover something blatantly illegal, you have an obligation to report it. If the machine appears to be stolen, or you're skeptical of the circumstances, use your better judgement. ie, don't remove a bios password for someone without running the serial number through your local police department.

Onto the other. Most courts will require some sort of certification in order for your findings to be considered to have any evidentiary value. If this is something you're interested in, it can have its perks. However, you'll sometimes have to look at things that you don't want to see and testify in court hearings and do a LOT of paperwork. I usually turn down the law enforcement jobs offered to me because I don't want that kind of stress in my life or see those kinds of things. Instead, I have a tech friend who is certified in that kind of work. I pass it all off to him now.


http://www.isfce.com/

 

[PcTek9]

And you are ALL exactly right.

Most states do require you to be a licensed forensic investigator or they will fine the * out of you. If you are practicing as a "forensic investigator".

But this is a gray area, and im going to explain why.

If she just needs data recovery - then recover the data - that is a pc techs job. But the instant she opens her mouth and says she is going to use it to prosecute her husband, it becomes illegal for you to handle it any further in most states unless you are (i'm serious about this) a private investigator.

My state tried to pass a law saying that "only private investigators may recover data, and not pc technicians" which is stupid. B/c that is like saying every loss of data involves the courts and perhaps a crime. However, the law in most states is: Only a licensed private investigator who is also licensed in forensic data recovery may recover evidence from computers to be used in court. (not withstanding the fbi and detectives etc.) If the evidence is not correctly redacted for the courts and formatted appropriately it can be thrown out on technicality alone. This is why they don't want joe pc guy recovering data from a pc for evidence in a trial, it must be done by people who are correctly trained.

so... with that said, i was wrong to say what I said. It really falls on the client. If they want the information for 'their' use that's one thing, but if they tell you they want it for a court trial then that is a whole other ball of wax.

To make this crystal clear: a pc technician may not recover data to be used in court in most states. However a pc technician may recover any data in most states that is NOT being used in a court trial for any customer. I don't know what world wide laws are, but in the usa you need to check your local and state laws because it varies from state to state.

Finally, you can get the pi license and the data recovery license in most states if you are interested in doing it for the courts, i understand it pays very well for those who are legally certified.

Had the lady not said what she was going to use the data for, the tech could have done the job, and denied he knew that it was going to be used in court (b/c he didn't if she wouldn't have told him) and there would be no issue legally. With that said, get your data recovery jobs signed on paper stating specifically that they are not being used in court as evidence in the fine print, and be sure to tell the client that, this way they can't say you cheated them or ripped them off. Now... When they go to a p.i. and get the data recovered for legal action, they are going to pay through the nose, b/c those guys charget a lot more than Joe Pc down the street.

 

[mm201]

Wouldn't the courts throw it our as inadmissable if the data was retrieved by a PC tech and not a forensics investigator?