Computer Law/Dos attack

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Expert: - 2/27/2009


Question
Hello -

I run a colocation business in California. Recently one of my clients was the victim of a DOS attack launched by a competing company. The attack lasted about three hours, and took the victim and a few other clients offline for the duration. Because the attack was not distributed, it was easy to trace it back to the source, and what's more, the perpetrator essentially bragged about what they were doing, to my client via e-mail, and on an IRC channel run by my client. Numerous logs documented the attack. I had my attorney send a C&D with demands for acknowledgement by fax, e-mail and registered mail, all of which were ignored (the post office could not deliver the registered letter). At this point my attorney is suggesting that I take it to small claims court or just let it go. I realize the law is fuzzy on DOS attacks, and I can't prove enough damages to get the FBI involved, but the brashness of this incident really bothers me, and I'd like to see these guys slapped down hard. Is there any law with teeth that would apply in this case, or anything else I can do?

Answer
Hi Ed,

What you are describing violates California Penal code 502!! It needs to be reported to the police where the incident occurred (victims location). I don't know why everyone thinks the FBI has to be involved, all you have to prove is they denied the owners access.

This is the definition of "injury" under 502: (8) "Injury" means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program,or data caused by the access, or the denial of access to legitimate users of a computer system, network, or program.


Go here to see if any of these computer crime investigation units area in your area:
http://www.ccmostwanted.com/CP/LEccuUS.htm

Your local police also can handle it or know who to refer it too.

Hope that helps, be well and stay safe..

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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 served as a police Commander and conducted and still conduct 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 am a Federally Court Recognized 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. My hobby webpage - Military Videos - http://www.youtube.com/user/3rdID8487

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.

Education/Credentials
2 Degrees in Criminal Justice, now teach college level Data Forensics classes

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

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