Posted On: February 29, 2008

Miami Criminal Defense Law Firm Moves to Brickell

It is with great pleasure that I announce my practice has moved to Brickell. The new address for David S. Seltzer, PA is:

Mellon Financial Center
1111 Brickell Avenue, Suite 2050
Miami, Florida 33131
Tel: 888-THE DEFENSE (888-843-3333)
Toll Free: 866.685.3421
Fax: 305.444.1665


Posted On: February 24, 2008

Miami is no different in Prosecuting Child Pornography

Take it from someone who has been there, this article rings true - Technology Complicates Prosecution. Prosecution has become a cost benefit analysis, more so than one might realize. Cost - budgets are getting slashed, to the point where the courts, the state, and all other agencies involved are looking at ways to cut costs. Benefit – the defendants. Defendants are not getting charged with the maximum counts they may be exposed to, since the State cannot afford to prove the charges. Experts cost money, and the State has none. Trials for child pornography based on the Supreme Court’s ruling regarding manipulated images and computer generated images, have turned a child pornography case into a battle of experts. Whose expert is more believable? Whose is more qualified? To the naked eye, a computer generated image is indistinguishable.

Check out this article by Dr. Hany Farid. He is one of the foremost experts in computer generated graphics. Creating and Detecing Doctored and Virtual Images.

As a defendant in a case involving computer images, you’re given the slight advantage if you can get the jury to believe the images are not real. However, when a jury sees a child pornographic image, it is hard for them to believe that someone actually used a computer to generate the image. There are a lot of factors that people often overlook when looking at an image. The person or individual in the image is not generally the best way to tell whether the image is real or fake. Experts will look at lights and shadows, human interaction with other humans, or objects. Other things to look at are the creases in pillows, sheets, indentations on couches, beds, clothing, the list goes on. Creating the perfect computer generated image will take an inordinate amount of time. But here is the kicker. If, and I stress if, a defendant can prove that one image on their computer is computer generated, as it relates to child pornography, a jury will probably have a really hard time believing a State expert that the rest are real and not computer generated. Battle of the experts…

Continue reading " Miami is no different in Prosecuting Child Pornography " »

Posted On: February 22, 2008

Erased what? Some of the best in the business, right here in Miami, Florida

Let’s give credit where credit is due, Miami boasts some of the best computer forensic experts I have ever seen. What do you think happens when you delete something on your computer? Well before I learned about computers, I like you, thought it was erased and gone forever. But for some people, sadly that is not the case. When you delete a file or an image, and then take the next step to clear the recycling bin, the files are still on your computer. Sometimes for years to come…

There is software out there that you can use to wipe your computer clean in hopes to erase files, but there have been situations where machines have been wiped 5 plus times and files can still be recovered. So what is on your machine that is so secretive…? Once you learn how a file structure works on a computer you might better understand how the files are recovered. But generally, any forensic examiner worth their salt will find what they are looking for or at least remnants of a file. The stars have to align for all properties of a file to be completely erased, or you have to have some proven wiping software.

For more information on files structures and deleted files check out:

Slack Space
Window Washing Slack Space
Cyber Scrub, What you erased is not really gone

Posted On: February 17, 2008

Localized Cyber Crime in Miami and the Global Effect from an FBI Perspective

FBI discusses the realities of cyber crime and how the "world" can deal with it. Interesting video segment. The agent is very candid about the cost analysis of doing business and that in order for an agency to get involved, it must make financial sense in that there must be a victim that has essentially suffered large damages. Is that fair? Is that the answer that best deals with the cyber crime problem in this world?

Who gets to pick and choose what case gets investigated and what doesn't? Why should one victim be more important that another? The government preaches that their goal is to combat cyber crime, but they admit to letting people off the hook simply because they didn't victimize enough people for enough money.

Cyber crime is here to stay, that is clear. The question is what if anything can the government do to stop it? I submit to you, only time will tell…

Continue reading " Localized Cyber Crime in Miami and the Global Effect from an FBI Perspective " »

Posted On: February 17, 2008

Hackers R US

Ever hear of the book "... for Dummies?" Here is Hackers for Dummies. Hackers for hire. You pissed off at someone and want to exploit them, well there are "Cyber Crime Tool Kits" out there for sale, with tech support. The police are on to them, but the question is how do the police stay ahead of the game? It's the same old problem, too much technology out there and not enough money to try to stop the crime. Check out the story, it addresses a lot of very interesting issues that create problems for not only the general public, but law enforcement.

Posted On: February 16, 2008

Voice Over IP Hacker Arrested in Miami, a new Cyber Crime

So you again thought you were safe. What people have to realize is that the cost of doing business has gone up in today's world, mainly due to stories like this one. Companies spend millions of dollars a year to protect their infrastructure as well as their clients valuable personal information, only to discover that everything they thought they were doing right has been hacked. As technology advances and we as a society get away from the traditional telephone system, cyber space has become the new switchboard. Not only is it cheaper to make a call on the internet, but you often times have more control over various telephone features that most people don't realize exist. I have been a Voice Over IP user for years and what has essentially occured is that I am always connected to my numbers, be it online, through my blackberry, or a simple text message. I guess there is such a thing as being too accessible.

This nationwide FBI investigation has lead to the arrest of multiple suspects in conjunction with a voice over IP scam (VoIP). What the subjects would do is hack VoIP companies and steal online telephone minutes and resell them. Check out the video and see how these hackers bragg about the capabilities of the companies to secure themselves.

Continue reading " Voice Over IP Hacker Arrested in Miami, a new Cyber Crime " »

Posted On: February 16, 2008

Phishing, What is it?

So what do you do with all the junk mail you receive about your personal information? Do you believe everything that you see in an email? If so watch this video and educate yourself as to what really goes on in cyberspace. More of my comments to follow.

Posted On: February 13, 2008

Florida DCF Worker and Kiddie Porn…What’s Next?

I know this is probably old Florida news by now, but it just makes you wonder about all the money the government invests into protecting our children and then something like this happens. Agencies are getting more money to fight crimes of this nature, but are they really making any headway? I have the utmost respect for law enforcement – having been a former prosecutor – but where are all the funds going? I know in Miami for example, some of the finest officers in the country, they are undermanned and overworked.

A few months back it was a prosecutor who killed himself after being exposed in an undercover child exploitation sting. Are we creating monsters as a society by continually exposing individuals (voluntarily) to child pornography and solicitation cases? Should there be continual review processes in place to ensure that the people we pay to protect our children are in fact doing so and not “falling off the wagon?”

I have no doubt that our law enforcement personnel are doing their job and it’s only a few bad eggs spoiling the bunch, but there needs to be some oversight to make sure that we weed out the bad apples and make sure we monitor those exposed to these crimes. This DCF arrest doesn’t spell the end to government workers involved in child exploitation scandals, the question is how is the government going to guard against it?

DCF Worker Accused of Using Children to Make Porn

Posted On: February 11, 2008

Cyber Crime on the Rise, Shocked?

In today’s day and age you would be hard pressed to find someone who doesn’t know how to use a computer. Computers are everywhere and control everything. So is it surprising to hear that according to the US Department of Defense, the volume of cyber crime grew by 54% in the last year. If you think about it, the target area, or the playground as some individuals might call it, as grown virtually in cyber space. Paper is a thing of the past and everything has gone high tech. Banks, credit cards, you name it and it involves a computer.

But the real question is, are the big companies the only ones that have to be concerned? The answer is clear. With a 54% increase in cyber crime, it is a problem that everyone has to take notice of. Small and medium sized enterprises should be more aware, to the individual working online with personal information.

As a defense attorney who specializes in cyber crimes, I get calls all the time from people who have had their personal websites hacked, to their identities stolen. Of course there are remedies and manners of redress that are available, but we as individuals have to be prepared. We have to take the necessary steps to protect ourselves from cyber crime. The governments can only do so much. The local police and government agencies are overworked, under financed, and under manned to deal with the increase in cyber crime. And the crimes that they do focus on are the high priority, high profile crimes, as they should. However, then who is left to look after the little guy?

You. So be mindful of where you enter your personal information. Protect your computers with the appropriate software, and trust no one. Your information is sacred and if you lose it, it will spell trouble for you.

Posted On: February 1, 2008

Miami Without Internet?

Let’s think for a second what the ramifications would be like if Miami, or the Eastern Sea Board, or the United States was without internet and telephone communication…hmm…sheer and utter chaos? Probably. We have become a society dependent on technology; we will never be able to live without it. So how are we affected by the outages in the Mideast?

As a nation cognizant of its costs, numerous companies outsource work to the Mideast. Therefore, I am certain that this Mideast shut down is having a serious negative effect on companies’ worldwide. The problem may take weeks to fix, but the lost profits might take much longer to recoup. At the end of the day, who is to blame for this incident, and how can we see that it never happens again? What this has shown us is that our technological infrastructure can be breached, be accidentally or intentionally, governments have to aware of areas that can cause serious damage to a nation’s economy. At the end of the day who is to be held accountable?

Third undersea Internet cable cut in Mideast