by Connie Cass, Associated Press
WASHINGTON (AP) - Not since the glory days of letter-writing,
the advent of the telephone, have people committed so much
to written form as they do in the age of
All those e-mail messages and electronic files are a treasure
of evidence for law enforcement officers, whether they are
crooked CEOs or local drug dealers.
The challenge for police and prosecutors is learning how to dig up
preserve these electronic gems.
"Any agent can come in and look through papers, but not every
can do a thorough computer search," said David Green, deputy
chief of the
Justice Department's computer crime section, which helps
and state investigators.
Green teaches that a mistake as simple as turning off a computer
wipe away valuable evidence. Knowing such basics, and the ins and
of privacy law, is essential when electronic evidence may play a
so many cases.
"It's like the gift that keeps on giving," said Tom Greene, a
attorney general in California, one of the states suing
in an antitrust case built largely on computer
messages. "People are so
chatty in e-mail."
E-mail revealed the shredding of documents at Arthur Andersen, and
Merrill Lynch analysts condemning stocks as a "disaster" or a
publicly touting them to investors.
Anti-American sentiments in messages Taliban fighter John Walker
and shoe bomb suspect Richard Reid sent to their mothers were
as evidence against them.
And when Wall Street Journal reporter Daniel Pearl was kidnapped
killed in Pakistan, investigators used e-mails from his abductors
When drug dealers are arrested, police search their electronic
and cell phones for associates' names and telephone
numbers. When someone
is accused of molesting a child, his computer
is searched for child pornography.
When a company is sued, it can be
forced to turn over thousands of employee
"E-mail has become the place where everybody loves to look," said
Schwartz, president of the National Association of Criminal
One reason is that computer data is difficult to destroy. Just
"delete" won't do it, as Oliver North learned during the
probe, one of the earliest investigations to rely
on backup copies of electronic
Deleted files can linger, hidden on a computer's hard drive until
space is overwritten with new information.
"The best way to get rid of computer data is to take the hard
and pound it with a hammer and throw it in a furnace," said
president of Guidance Software, which makes forensic
software that helps
police find hidden files.
Even that might not work with e-mail, which investigators may also
able to track down in an employee's office server, stored by
or in the recipient's computer.
To go hunting through computer data, law officers need a search
issued by a judge. Winning legal permission to eavesdrop on
e-mail as it's
transmitted is more difficult, because that is
considered the same as wiretapping
a telephone. Investigators
generally need a court order based on probable
cause that the wiretap
will reveal evidence of a felony.
Criminals, or people who simply want to protect their secrets, can
encryption software to scramble their e-mail. And special
overwrite computer files, so they are truly deleted.
Most criminals aren't
that savvy yet, prosecutors say.
Even law officers make the mistake of indiscreet e-mail. Defense
commonly scour messages between police or prosecutors to
look for ammunition
to question investigative techniques or suggest
bias. Or, one of the prosecution's
expert witnesses may have posted
notes on the Internet that contradict
Every U.S. attorney's office across the country has a computer and
coordinator, and the Justice Department is pushing
more of its prosecutors
to take cybercrime courses. The department
also finances some training
for state and local law enforcement.
"The problem is the uninitiated police officer who will go in and
on a computer to look to see if it's worthwhile to send the
for examination," said Peter Plummer, assistant attorney
general in Michigan's
high-tech crime unit.
"When you boot up a computer, several hundred files get changed,
date of access, and so on," Plummer said. "Can you say that
still exactly as it was when bad guy had it last?"
A defense attorney could argue it's not, and try to convince a
that evidence has been mishandled or tampered with.
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When feasible, investigators usually prefer to use special
to make an exact copy of the contents of a computer's hard
can be done without even turning on the computer.