The New York Court of Appeals has ruled that viewing child pornography online is not a crime.  This decision was rendered in a hearing for a 2007 case wherein a virus scan of James D. Kent’s computer revealed child porn.

A former Marist College professor of public administration, Kent was convicted of two counts of procuring child pornography and 134 counts of possession of child pornography, however two counts of possession were dismissed because it was maintained that he only viewed the materials.

The court rationalized that Kent would have had to actively solicit the material by an “affirmative act” such as downloading or printing in order to have taken possession of the material, and viewing alone was not found to constitute such an act.

Working for the defense, the computer forensic engineers at Kessler International were able to provide supporting forensic evidence directly from Kent’s computer that the materials constituting the dismissed  counts were only viewed, and not actively engaged via saving, downloading or printing.

Digital forensics can be critical in providing evidentiary support for both the defense and the prosecution, as seen in this recent decision.

Think gas stations are robbing you? You may be more right than you know. No, we’re not talking about the astronomical prices of gas today. We mean that in little ways, some shifty gas stations have nickel and dimed you out of your hard earned cash. If you are curious of what you need to watch out for, then keep reading.

1. Meter Jump

Meter jump is when the price of the meter starts or “jumps” before the gas meter. This is one of the most commonly complained about problems because it is the most noticeable. If you type “Meter Jump” into any search engine, many stories of angry customers will show up.  Meter jumping has been shown to charge customers anywhere between five and seventy-five cents before the first fumes of gasoline make it through the pump.

1. Meter Creep

Meter creep is less noticeable than meter jump. Meter creep occurs when both the price and gas meters are running normally but no gas is pumping. In order to see if meter creep has happened to you, check your car’s gas meter and make sure that you got what you paid for. Meter creep has been shown to cost customers up to $7.00 every time that they fill up.

Let Kessler treat you like the celebrity client you are on our red carpet at the INTA 134th Annual Meeting in Washington DC.  We will be waiting for you at booths 408 and 410 where you will have your celebrity snapshot taken and where you can retrieve your golden bag of swag, with the added benefit of learning more about the full range of brand protection services Kessler offers.  The exhibit hall will be open from Sunday May 6 through Wednesday May 9th.

The Stony Brook Foundation, a non-profit foundation which received over $165 million in annual contributions and grants from 2007 through 2009 partially funded at least one party for New York State health care workers.

Kessler learned that in 2011 the Stony Brook Foundation partially paid for 175 guests at a holiday party at Lombardi’s on the Sound (aka: the Port Jefferson Country Club) in Port Jefferson, NY.  According to documents secured by Kessler International, the restaurant charged approximately $65.00 per person of which the employees only paid $20.00.

Stony Brook University’s website for the foundation, http://www.stonybrook.edu/sb/giving/foundation-mission.shtml indicates that that the Foundation is funded through “a combination of mechanisms,” including charitable donations.  The mission statement of the Foundation as delineated on the website is, “The mission of the Stony Brook Foundation is to advance the mission and goals of Stony Brook University by facilitating, accepting, and managing philanthropic gifts and grants for the benefit of the University, the University Medical Center, and the Long Island State Veterans Home.”

The Foundation’s use of charitable donations and grant monies to partially fund holiday parties for state employees clearly indicates that contributors should be asking how their contributions will be allocated before making donations or awarding grants.

Before the world was exposed to the infinite stream of resources via the Internet, there were limited ways of garnering information. Although radio, telephones, and television have existed for decades, no other means of technology has revolutionized the way people communicate more than the Internet. After all, it didn’t acquire the nickname the “Information Super Highway” for no reason.

And while the boundless torrent of voices on the Internet have become an invaluable tool in modern-day decision making for both individuals and businesses, a far more nefarious industry has spawned from the unfettered access offered by the Internet: the online tarnishing of reputations. With various outlets in existence, including consumer review websites such as Yelp.com and RipoffReport.com, blogs, social networking sites, and other personal websites, the opportunities to smear the name of a person or company are essentially limitless.

Of course the original intentions of these websites was not to hurt others, but rather to unite people who share common interests, as well as to provide a sense of equality and justice for those of us who have genuine concerns or complaints. However, the world is big and Internet access has become more status quo than ever, leaving the days of privileged web surfing in the proverbial dust.

As a result, there are countless individuals who abuse this vital instrument. Despite all the extraordinary developments the Internet has bestowed upon modern-day society, it has simultaneously created a platform for a population rife with individuals whose sole purpose is to ruin the reputations of both people and businesses. Just one person can utilize dozens, even hundreds of these websites to post anonymous defamatory reviews and comments about a person or business.

This can be a costly situation, ultimately compromising the character and profitability of any entity, no matter how well established outside the Web; while a trusted reputation takes years to build up among consumers, it can take only one determined individual and a few hours to destroy it. Worst of all, it is a difficult task to bring these individuals to justice, as they are protected by the anonymity the Internet provides.

This is why numerous reputation management companies have sprung up across the virtual community. However, just like any service industry, some of these companies may prove more effective than others. At Kessler, our state-of-the-art Web.Sweep^® Internet Monitoring software can help individuals and businesses protect themselves against damaging material posted across the vast plane of the Internet.

By combing through the entire Internet, including any information generated by search engines, this technology can help preserve a company or individual’s reputation, as well as assist in the defense against unauthorized use of intellectual property. Whether eliminating or burying search results containing derogatory content, the protection of an individual or company’s online reputation is a necessary practice in today’s cyber-oriented world.

Black Friday madness and annoying in-laws aside, this time of year is generally symbolic with the spirit of family, joy, and most importantly, generosity. Giving to charities, especially around the holidays, can be a truly rewarding experience. Unfortunately, the FraudBusters^® team at Kessler has been alerted of numerous instances of charity fraud, demonstrating that for as many folks out there who can spare the extra cash for the sake of someone else’s merriment, there are just as many waiting to take advantage of their altruism.

And while people might gasp at this inauspicious fact while shaking their heads in dismay, it shouldn’t come as a surprise. Although modern technology has led to an unequivocal progression in society, it has also ushered in a new age of con artists and the worst breed of opportunists.

With so many natural disasters occurring around the world, there is no shortage of people in need. For instance, after a devastating F-5 tornado ravaged the town of Joplin, Missouri in May, people from around the country felt compelled to help this ruined city recover any semblance of normalcy.

But alas, as the whole world watched while the citizens of Joplin navigated through both physical and emotional damage, others were waiting to capitalize on their grief and the compassion of those willing to give.  According to Chris Koster, Missouri’s attorney general, an investigation was commenced regarding a Puerto Rican online group operating under the name of Alivio Foundation, Inc. and Georgia online radio operator Steven Blood.

This group solicited funds via the Internet, which they claimed would go to St. Peter the Apostle Catholic Church in Joplin and to Catholic Charities of Southern Missouri. However, these charities reported that the money was never received. To make matters worse, Koster stated that this is only one of 260 complaints he is investigating relating to probable bogus Joplin tornado charities.

Charities advocating for cures and research of human diseases are not immune from fraudulent activity either. In September, a couple in Great Neck, New York plead guilty to charges of grand larceny and scheming to defraud after establishing a phony charity called the Coalition for Breast Cancer Cures, which deceived donators into believing they were contributing to breast cancer research.

According to court documents, they instead ended up funding David and Mindy Winston’s lavish trips and Louis Vuitton shopping extravaganzas. But, at the very least, the Winstons’ victims can sleep well knowing part of their donations went toward education: the Winstons paid their daughter’s sorority dues with the charity’s funds.

Considering this is the season for giving, the point of this isn’t to foster cynicism and deter people from helping those in need, but rather to be stringent when choosing charitable causes. There are many ways of ensuring that you get the most out of giving. Initially, you should hone in on a specific cause that speaks to you. After all, it’s your money. You wouldn’t want your goodwill benefitting an organization that is fundamentally incompatible with your personal beliefs.

This is where diligent Internet research comes in handy. Of course, Internet research is not always reliable and can leave you mired in uncertainty, despite the reassuring “.org” at the end of a charity’s Web address. The truth of the matter is that anybody can register this type of domain name, which is why verifying a charity’s legitimacy through several different avenues is essential.

First, it is important to locate a viable physical mailing address and phone number. If this information is missing from an organization’s website, it should be an immediate indicator to conduct further research. A genuine charity will gladly volunteer this information to you, as well as a detailed synopsis of its mission. Second, there are various free resources out there that exist solely to assist interested parties in navigating through potential charities. The Better Business Bureau offers a free service on its website at www.bbb.org/us/charity, where the credentials of any charity can be authenticated.

Another helpful tool is Guidestar.org, a website dedicated to dispersing information about non-profit organizations. GuideStar provides free IRS data regarding registered charitable organizations. Along with Guidestar, Charitynavigator.org and Give.org are two other websites where you can determine a charity’s “program ratio,” which refers to the amount of your donation that goes toward the charity’s actual mission versus the amount that helps fund the administrative and fundraising aspect of the organization.

If you happen to come across a charity in your own research, you should use caution, but when an organization attempts to solicit donations from you directly by e-mail or phone, you should be wary and even more rigorous in your investigation. You should always obtain specific contact information of the individual claiming to be with the organization, along with a telephone number and address, and confirm it in every way possible by using the previously discussed websites.

Kessler International is pleased to announce that they have hired two new staff members, Brian Rubin and Jessica Small.  We are confident that they are excellent additions to our team and look forward to working with them.

While browsing Amazon.com on October 19, 2011, our antivirus system popped up notifications 35 times as we browsed the site. Every instance came up as “detected: virus ‘HEUR:Trojan.Script.Iframer’ (modification).” This is a heuristic virus detection which means our antivirus did not detect it as an actual virus or trojan but it did detect that the page was trying to do something potentially nefarious.

As it happens, this virus was attempting to open a hidden IFrame which could have contained a Trojan.  Fortunately, we were protected by our antivirus solution.

This is just a reminder that you can never be too secure when browsing the Internet.  Browsing without an antivirus solution in place is like swimming in shark infested waters with a bleeding leg.  Even a site like Amazon.com that you would never suspect to get a virus or trojan from could have a hidden script waiting to infect your PC. Be sure to verify your antivirus solution is working and that its virus definitions are up to date.

Triage, the new product by AccessData, is a computer forensic tool that can be used to acquire data from computers when they boot and can also be used as a live acquisition tool to acquire data from a computer that is currently turned on. However, Triage has one significant problem.

For live acquisitions to work, you need to have access to a USB port. Many corporations block access to USB ports or at least write protect them. If this is the case, Triage simply won’t work. If you need a live acquisition, you’ll need to modify something on the computer to enable the USB ports which could be considered tampering with evidence. The best case scenario would be software that blocks USB ports that can be easily turned off but if the block is done with a registry change it may require rebooting the computer but you will be unable to get the live acquisition you needed.

As a professional courtesy, we wanted to bring this to the attention of the industry. We have experienced a significant loss of productivity and time as a result of this.

Kessler International will be exhibiting at the INTA Trademark Administrators Conference in Los Angeles Sunday through Tuesday at Booth 8.