Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
How Do You Cover Your Electronic Trail When Having an Affair? Part II
May 1, 2014
This is the last in my series of posts answering questions we were asked by family lawyers in a recent Las Vegas conference. I am still shocked that so many lawyers are being asked by clients to help them conceal affairs and wonder about the ethical implications of giving such advice in those states where adultery is illegal. I suggest any lawyer giving that sort of advice consult their state's Bar Counsel, Ethics Hotline, etc.
Here are some thoughts about what we were asked (and hat tip to my forensics staff again for their research):
Hal Pomeranz, a digital forensics investigator who is a SANS instructor, suggested using a bootable CD so nothing is written to the hard drive. He also mentions using a pre-paid disposable phone and using pre-paid gift cards bought with cash for purchases.
One person asked us about the app TextMe. We have found artifacts from that app – and here is an in-the-weeds article about getting information from that app. This app is more about "free texting" than privacy, though it has some privacy features.
We have not run into Ashley Madison yet in our cases, but it is a site for "married dating" (sad reflection on our society). You have to be married – I guess so that you both have skin in the game. It has a "Panic" button which will immediately take you to a family friendly site – presumably if you are stupid enough to be using it when your spouse (or boss) is around. It also offers anonymous billing.
It has a Blackbook app for private communications – more about that may be found in a ZDNet post which refers to it as the "worst pitch of the month." Not exactly the right target market for this sort of thing, though I did smile because, after all, it did result in a story and lots of publicity.
Some 18 million people use Ashley Madison (so the site claims) which makes it surprising that we haven't seen it yet in our lab. Here is an FAQ from the site which made me laugh:
"Does Ashley Madison encourage infidelity?
No, Ashley Madison does not encourage anyone to stray. In fact, if you are having difficulty with your relationship, you should seek counseling.
However, if you still feel that you will seek a person other than your partner to fill your unmet needs, then we truly believe that our service is the best place to start."
Yes, a site built for straying certainly does not encourage anyone to stray. Good grief.
OK, I have now done my best to answer all the questions we were asked and feel like I've been swimming in a sewer. I am delighted to say that this happily married woman had never seen these sites. I am delighted that this brow-scorching research is now over!
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