Microsoft Raids Tackle Online Crime

Excerpt from an article in

The New York Times

Monday, March 26, 2012

Microsoft Raids Tackle Online Crime

By NICK WINGFIELD and NICOLE PERLROTH

SEATTLE — Microsoft employees, accompanied by United States marshals, raided two nondescript office buildings in Pennsylvania and Illinois on Friday, aiming to disrupt one of the most pernicious forms of online crime today — botnets, or groups of computers that help harvest bank account passwords and other personal information from millions of other computers.

With a warrant in hand from a federal judge authorizing the sweep, the Microsoft lawyers and technical personnel gathered evidence and deactivated Web servers ostensibly used by criminals in a scheme to infect computers and steal personal data. At the same time, Microsoft seized control of hundreds of Web addresses that it says were used as part of the same scheme.

The sweep was part of a civil suit brought by Microsoft in its increasingly aggressive campaign to take the lead in combating such crimes, rather than waiting for law enforcement agencies to act. The company’s targets were equipment used to control the botnets, which criminals, known as bot-herders, use for ill intent.

Microsoft has a big interest in making the Internet a safer place. Despite inroads made by Apple and others in some parts of the technology business, Microsoft’s Windows operating system still runs the vast majority of the computers connected to the Internet. The prevalence of its software has made Windows the most appealing target for online criminals, and the security holes they discover in the software are a persistent nuisance for Windows users.

Microsoft’s involvement in what had been considered largely a law enforcement function — fighting computer crime — is the brainchild of Richard Boscovich, a former federal prosecutor who is a senior lawyer in Microsoft’s digital crimes unit. That group watches over fraud that could affect the company’s products and reputation.

U.S. Chamber Hails Intro of Exculpatory Evidence Bill in Senate

U.S. Chamber Hails Introduction of Exculpatory Evidence Bill in U.S. Senate

WASHINGTON, D.C.—Lisa A. Rickard, president of the U.S. Chamber’s Institute for Legal Reform (ILR), issued the following statement today regarding the introduction of the Fairness in Disclosure of Evidence Act of 2012 (S. 2197) in the U.S. Senate.  The bill would require that federal prosecutors: disclose evidence that is favorable to the defendant in the course of a criminal proceeding; outline when such evidence must be disclosed; and, provide meaningful remedies for violations of the rule.

“We applaud the Senate’s efforts to promote fairness in the legal discovery process by denying prosecutors the ability to withhold potentially exculpatory evidence. Along with a diverse cross section of the legal community, we look forward to working with members to enact this bill.

“In recent years, federal courts have overturned a string of high-profile convictions–including Senator Stevens’ 2008 corruption conviction and Lindsey Manufacturing’s 2011 conviction under the Foreign Corrupt Practices Act–after seasoned prosecutors failed to disclose evidence favorable to the defense.  Under current Supreme Court precedent, individual and business defendants may never learn that potentially exculpatory evidence exists, and remedies for disclosure failures are also limited.  This bill would remedy that injustice.”

ILR seeks to promote civil justice reform through legislative, political, judicial, and educational activities at the national, state, and local levels.