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About Commander Chris Wagoner
Expertise
I can answer questions concerning Computer Crime Investigations and Internet investigations including Computer Crime Laws both at the State level and Federal level. I can answer questions on almost any crime in which a computer is used. In addition I can answer questions concerning copywrite infringement (peer to peer, and copying). I am a police Commander that conducts Computer Crime Investigations at the Local, State and Federal level. I have investigated all most any kind of crime with which or which involved a computer and the internet, from murders, kidnappings, extortion, drug dealing and more. I can answer questions concerning Computer Forensics (the art of recovering information from a suspects computer), Computer Crime Investigations and Internet Investigations. I can answer questions on almost any crime in which a computer is used. I am a Federally Court Certified Expert in Computer Crime and Computer Forensics. I have worked in both Facebook and MySPace, also in Peer to Peer investigations. In addition I can answer questions concerning child predators and how to make your children safer on-line. I teach Computer Forensics, Internet Investigations, Peer to Peer Investigations and other computer crime related subjects for several colleges and the Institute of Police Technology and Management.

Experience
I conduct computer crime investigations in conjunction with the F.B.I., Alachua County Sheriff’s Office, Gainesville Police Department, and University of Florida Police Department, Levi County Sheriff’s Office, Starke Police Department and other agencies in the North Florida Court District. I provide the forensic data recovery services for those agencies as well as internet tracing and information gathering. I am a Federal Court Certified Expert in Computer Crime Investigations and Forensics. I teach Computer Forensics for the University of North Florida, Institute of Police Technology and Management. I also teach Computer Crime courses for Tallahassee Community College, Pat Thomas Law Enforcement Training Center. Associate Instructor; teach Computer Crime courses thorough out the world for IPTM. Presently Teach Cyber Crime Investigations, Computer Crime Investigations and Computer Forensic Data Recovery Course.

Organizations
HTCIA-High Technology Crime Investigation Association

Education/Credentials
Santa Fe Community College Gainesville, Florida 32606 Degree 2001: Associate of Arts and Science (with Honors) Degree 2007: Associate of Arts (with Honors)

Awards and Honors
Awarded the FBI Directors Award for assisting the FBI in a National Computer Crime Investigation. Awarded Dec 2002

You are here: Experts > Business > Corporate Law > Computer Law > data recovery ethics

Computer Law - data recovery ethics

Expert: Commander Chris Wagoner - 11/4/2009

Question
I've discovered evidence on a hard drive while doing a recovery. This evidence shows pictures of what appears to be a person whom may be dead. Along with these pictures is what appears to be a journel which explains what happened but not where. My employer tells me my job is to just do the recovery not snoop. Should the authorities be notified. Can I be charged for not doing so. This is a hypothetical situation. What laws govern the handling of imformation by data recovery companys in Florida. Thank-you for your time.

Answer
Hi Rhonda,

If you believe that you have evidence of a possible Murder, and do not notify the athorities you could be held civilally libal for not telling the athorities. If you find the information while doing a legal job, your fine.

There are actually no criminal laws in Florida that govern this yet. There are also no laws in Florida yet governing these things, they are being talked about in the legislation though. I am actually presenting a bill for consideration to the Florida legislative delegation from my area next week to require this very thing. ANd it also holds harmless anyone that reports these things in good faith.

Here is what I am submitting:
A REQUEST FOR SPONSORING OF A BILL

The Child Pornography Reporting Act

A bill submitted to the Florida legislature

Chris Wagoner

The issue at hand is there is currently no requirement for a computer repair technician to report child pornography to law enforcement authorities when they discover it. This means that it is highly likely that some cases of possession of child pornography have gone unreported because of fear of civil or criminal prosecution of the repair technician.
oThere are currently seven states: Arkansas, Illinois, Missouri, North Carolina, Oklahoma, South Carolina, and South Dakota that have enacted laws requiring computer technicians or Internet service providers to report child pornography if they encounter it in the scope of their employment. There is no Federal Code that requires the reporting, there is U.S. Code Title 42, Section 13032, requires those providing electronic communication services to make a report to the Cyber Tip Line at the National Center for Missing and Exploited Children.
With the increase in the activity on the internet, of child pornography collectors and predators, and the recognized correlation between child predators and child pornography, this act would serve to help protect children.
I have attached for your review my recommendation for the bill. I have also cited those Florida State Statues that are related and cited in my version of the act.

A bill to be entitled “The Child Pornography Reporting Act”.

An act relating to the protection of children through the reporting of child pornography by commercial computer repair technicians. Whereas child pornography harms children, the reporting of the possession of such material will aid in the protection and safety of children both in and out of the State of Florida.

Section 1: Any commercial computer repair technician who has knowledge of or observes, within the scope of the technician’s professional capacity or employment, any video, file, image, printed material or other depiction of a minor whom the technician knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts (as defined in s. 827.071) or in the simulation of prohibited sexual acts, shall report the depiction to an appropriate law enforcement agency as soon as reasonably possible.

Section 2: Upon finding what the computer repair technician feels meets the requirements of section 1, the computer repair technician will stop all further examination of the computer and report as required.

Section 3: This act may not be construed to require a computer repair technician to review all data, disks or tapes delivered to the computer repair technician within the scope of the repair technician’s employment.

Section 4: Compliance with this section does not give rise to any civil liability on the part of anyone making a report.

Section 5: “Commercial computer repair technician” means any person who repairs, installs, or otherwise services any computer including, but not limited to, any component part, device, memory storage or recording mechanism, auxiliary storage, or any other material relating to the operation and maintenance of a computer or computer network or system, for compensation.

Section 6: Whoever knowingly and willfully violates section 1 above commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

But that is not a law yet. :)

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