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When Wrongfully Accused of Hacking, What Can You Do? 105

justin asks: "Earlier this week, I went into work I was met at my desk by upper management; they wanted to meet with me. I was not sure as to why but when we got into the office, they set a pile of paperwork in front of me, opened it up to a certain page and asked me what it was. The paperwork was a series of (gimpy) logs showing an internal IP address doing a combination of scanning, and then what looked like hacking, of various boxes on the internet (of these there was the US Treasury among other US Government Organizations). The internal IP address was that of the one I am normally (read: not always) assigned by DHCP. I told them I had no idea what this was, that I didn't do it and that I think I would remember hacking into the US Treasury. I was a contracted employee, so I don't think I have any recourse, I was just left high and dry accused of something that I did not do, and their basic sentiment was 'we will investigate this, do you want us to call you and give you your job back if you are innocent?', This seems rather silly to me since you'd think such things would be investigated, before they would decide to fire me. I'm looking to find out who else has been in this situation and how they dealt with it."

"The logs were in a simple format: 'Aug1 11:27 10.1.0.56.port -> treas.gov.port'. Now there had been some problems at work with the recent MS DCOM/RPC bug, and my machine was compromised either the same day, or the day previous to the day of the events I am being accused of. Additionally, because it was an internal IP address, it could have been anyone with access to ifconfig on their machines (They don't have a link layer dump).

I now have the following questions:

  1. What experiences have other people had that relate to this, what course of action if any did they take in response.
  2. I know the laws aren't very sympathetic when it comes people saying 'yea that was my computer, but it wasn't me', but it can be proved that my computer was compromised in the same time frame, and also the evidence they have is rather flimsy, what experiences have people had in a similar situation?
  3. If someone should try to press charges, where can I find a decent attorney that would actually understand the technology and what I was saying. (As I am now unemployed I'd very much so on a budget)
  4. What should I tell my next prospective employer? Even If they believe me that I had nothing to do with it, that puts one serious doubt in a person's mind.
I'm primarily self taught and with a little less than 3 years experience as a Unix Admin and doing system programming, it is hard enough for me to get a job as it is, never mind with accusations that I was out trying to hack the government on my last job.

Thank you, in advance, for any wisdom, anecdotes or suggestions you can pass along."
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When Wrongfully Accused of Hacking, What Can You Do?

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  • by Anonymous Coward on Tuesday August 12, 2003 @05:47PM (#6680103)
    Do so in a friendly manner. Make sure you understand that they are just covering their asses. And when you have something from them in writing that they fired you based upon false information, sue them into oblivion. Talk to a lawyer about whether DHCP makes logs entirely unreliable.
  • Since it sounds like the company in question doesn't really know what happened and probably never will, it is much easier to fire you than face future liability if you stay.
  • All together now: (Score:3, Insightful)

    by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Tuesday August 12, 2003 @05:49PM (#6680124) Journal
    Call a lawyer!

    Sure, we might be able to give you some interesting technical advice, but that will have absolutely nothing to do with your situation, which is entirely legal in nature.

    Legal issue -> Lawyer
    Nerd issue -> Slashdot

    Is this primarily a nerd issue? NO! Call a lawyer.

    Call a lawyer? Call a lawyer. Call a lawyer.
    • by PD ( 9577 ) * <slashdotlinux@pdrap.org> on Tuesday August 12, 2003 @06:29PM (#6680444) Homepage Journal
      Call a lawyer? Call a lawyer. Call a lawyer.

      Sung to the tune of "If you're happy and you know it"
      • by Anonymous Coward on Tuesday August 12, 2003 @06:47PM (#6680582)
        Or perhaps to the tune of "Oh my darlin' (Clementine)"

        Call a lawyer, Call a lawyer, Call a lawyer or you're screwed.
        You've been axed, but aren't in prison,
        getting f**ked by some large dude.

        ...
    • by Anonymous Coward
      If you have a problem, if no one can help (and if you can find them)... Lawyers, aka bloodsuckers, ambulance chasers etc. Actually, maybe you should just hop down to your local Wallmart, stock up on buckshot cartridges, and go on a killing spree.

      No, wait I'm sure there's something between those 2 extremes. If only I had the imagination to think of it.
    • Re:All together now: (Score:4, Informative)

      by rmohr02 ( 208447 ) <mohr.42@osu. e d u> on Tuesday August 12, 2003 @09:36PM (#6681704)
      Well, he does ask where he could find a lawyer that would actually understand the issues. I would recommend contacting the EFF--they should be able to put him in contact with a knowledgeable lawyer.
    • Sorry you were fired but, if you sue and win, you'll get your job back and maybe some back pay. Talk to your employer, have him write you a reference and get a new job. If he won't give you a (good) reference, well, maybe there was more to it than what you were told.

      now...

      Soap_box: Why is it that everyone that slightly screwed by anyone always want's to sue? Did you invest all your money in a dot-gone? Sitting on your butt just wishing someone farts in your general direction?
      Most people hate lawyer's,
      • The main reason that he absolutely must get a lawyer isn't even the employment related problems. He's been accused of a crime. They may or may not bring charges, but he needs to talk to a lawyer sooner rather than later.
        • Good point. Although, if the employer tells his next employer "he was hacking". Then make 'em prove it. The paper trail will be on the submitter's side, if he really is blackballed by this, then sue. If I was on the jury I'd award damages only after the first employer was proved to be hampering your future career.

          ___

  • by His name cannot be s ( 16831 ) on Tuesday August 12, 2003 @05:50PM (#6680128) Journal
    You: You want answers?

    Them: I think I'm entitled to them.

    You: You want answers?

    Them: I want the truth!

    You: You can't handle the truth! Son, we live in a world that has firewalls. And those firewalls have to be guarded by men with keyboards. Who's gonna do it? You? You, Lt. Weinberg? I have a greater responsibility than you can possibly fathom. You weep for the treasury department and you curse the Hackers. You have that luxury. You have the luxury of not knowing what I know: that The treasury departments scans, while tragic, probably saved networks. And my existence, while grotesque and incomprehensible to you, saves networks...You don't want the truth. Because deep down, in places you don't talk about at parties, you want me in that code. You need me in that code .

    We use words like hack, root, pwnzz...we use these words as the backbone to a life spent defending something. You use 'em as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom I provide, then questions the manner in which I provide it! I'd rather you just said thank you and went on your way. Otherwise, I suggest you pick up a manual and stand a terminal. Either way, I don't give a damn what you think you're entitled to!

    Them: Did you scan the network?

    You: I did the job you sent me to do.

    Them: Did you scan the network?

    You: You're goddamn right I did!!

  • Pre-Paid Legal (Score:3, Informative)

    by Thing 1 ( 178996 ) on Tuesday August 12, 2003 @05:50PM (#6680131) Journal
    Check out Pre-Paid Legal [prepaidlegal.com] -- I'm pretty sure that this is a "pre-existing condition" so you wouldn't be eligible for benefits for this case, but they provide legal defense if you're named in a civil suit, or job-related criminal suit.

    I've been using their service for half a year now and am very pleased with it; you can ask an unlimited number of questions, and they'll also write letters and make phone calls at your behalf to resolve issues for you. They also provide traffic defense (parking/speeding tickets, or lawsuits based on injury) and cover you if the IRS decides to audit you.

    It's somewhat like "legal insurance" -- just as you pay a couple hundred a month for health insurance, or car insurance, this provides for your legal needs on a pre-paid, monthly basis (generally about $27 a month) and it covers your entire family.

    In this litigious society we live in, it's great to have coverage for when (not if) you end up on the wrong end of a lawsuit.

    Again, I'm pretty sure this won't help your specific case but hopefully it can help other readers. (And yes, I sell the plan if anyone's interested.)

  • by josephgrossberg ( 67732 ) on Tuesday August 12, 2003 @05:52PM (#6680139) Homepage Journal
    Now that you're fired, they might mistakenly consider the case closed. If the "real hacker" (e.g. a coworker) got wind of this, and stops doing so, they will likely assume they got the right guy when they accused you.

    Second of all, why would you assume it stops here? They may have contacted law enforcement authorities, and you might need to do some preparation to get your stuff together. Even if you're charged with something you didn't do, you'll need to mount a defense.
  • IANAL, but (Score:5, Interesting)

    by rritterson ( 588983 ) * on Tuesday August 12, 2003 @05:52PM (#6680143)
    I don't much that you could do. You could sue for wrongful termination if you want your job back, but not much else.

    My first thought is- of course the hacker isn't going to use his normal IP. If someone is going to go out hacking, they aren't stupid enough to just use the normal config. Second, you may be able to prove you never visited or connected those websites if the machine you normally use keeps a log (a normal webhistory is probably not suffiecient in this case).

    Regarding what to tell your next employer- I'd recommend one of the following- A) Either be totally honest about it. Let them know they had no proof when they terminated you, and you didn't do it. If the interviewer is a good judge of character, it won't be a problem. B) Don't give any information and don't let the new company contact the old company. It will appear shady, but at least they can't be totally sure what happened. In my experience with similar situations, using A is going to make it harder to get a job, as some will automatically turn you down, but the best people will be able to tell by the way you explain yourself that you are innocent. I'd prefer to work with those sorts of people anyway.

    If the company bring charges against you, immediately subpoena your HDD and the logs they used against you. In those lie your best defense. Again, IANAL, but the evidence the company has is not even good enough be called circumstancial. It's like charging someone with murder because he/she looks like the purported suspect. A good lawyer will be able to show a judge/jury this fairly easily.

    A final thought occured to me- try to obtain more information about how your company stores log data. If they log DHCP information, the server should be able to tell what MAC address was assigned which IP at what times. Sure, someone could clone your MAC, but they'd have to know what your MAC was first, so i suspect a hacker would simply make up a MAC instead of cloning one.
    • Re:IANAL, but (Score:3, Interesting)

      >A final thought occured to me- try to obtain more information about how your company stores log data. If they log DHCP information, the server should be able to tell what MAC address was assigned which IP at what times. Sure, someone could clone your MAC, but they'd have to know what your MAC was first, so i suspect a hacker would simply make up a MAC instead of cloning one.

      No, they wouldnt. If X hacker was trying to "Hack The Planet", they'd use a decoy to glean any info about their internal network.
      • Is there any way to be sure that the logs are genuine to begin with, especially the paper versions? If it's done by someone in the same building, physical security is 0 and any theory is possible really. The logging machine could have been tampered with or swapping ethernet cards in two machines: MACs are swapped and probably IPs. Get a lawyer and sue for wrongful termination, lost wages, mental distress, legal fees etc.
        • >>>Is there any way to be sure that the logs are genuine to begin with, especially the paper versions?

          nope

          >>>If it's done by someone in the same building, physical security is 0 and any theory is possible really.

          Not quite right. If they used IPSEC or IPX with signature-authentication (signs every packet with pgp-like hardness, and everything ignores unless right).

          >>>The logging machine could have been tampered with or swapping ethernet cards in two machines: MACs are swapped a
    • I disagree with some of that. I wouldn't say anything to the next employer, and let them contact the old one. The old guys are in a difficult situation. If they say anything bad about you, they better be willing to accuse of of that in a court of law because you can sue them if they say you used company resources to crack other computers. Many companies have a strict policy of only saying "Yes he worked here, from some date to a latter date."

      I would check with a lawyer. Most places have employement "a

    • If the company bring charges against you, immediately subpoena your HDD and the logs they used against you.

      Or don't. Let them have to show that:

      • The proof is on the drive.
      • The proof is irifutable.
      • No data has been altered.
      • Everyone working on your computer since the event is a trained computer forensics expert.
      • A valid chain of evidence has been maintained with the drive.

      Short of that, a good defense lawyer will make them toss it as evidence. If you want to use the HDD contents as evidence, you'll

  • My advice (Score:3, Interesting)

    by Henry V .009 ( 518000 ) on Tuesday August 12, 2003 @05:54PM (#6680160) Journal
    Suggestion #1: Don't ever post your problem to slashdot! They'll know you're a hacker.

    #2: Feign absolute cluelessness about how this stuff works. Find an outside expert to give a second opinion.

    #3: Call a lawyer at the first hint of legal trouble.

    #4: If you're worried about your next job, the very best thing to do would probably be to find that outside expert I mentioned, and get him to write a note describing how the incompetents at your previous job completely misinterpreted all the data and picked you as a scapegoat because they didn't want to spend money correcting the flaws in their own system. If that isn't your style, there are legal ways to go after your previous boss for wrongful termination, but I'd be surprised if that actually had a positive effect on your future career.

    • Feign absolute cluelessness about how this stuff works.

      Uh, it said that his job was Unix sysadmin. This tactic might work (in fact, probably works just fine) for MSCEs, but it would be the kiss of death for him.

      -- MarkusQ

  • by daeley ( 126313 ) * on Tuesday August 12, 2003 @05:55PM (#6680170) Homepage
    What can you do? Hack into their network and take the lying bastards down, that's what!
  • by Wrexen ( 151642 ) on Tuesday August 12, 2003 @05:58PM (#6680195) Homepage
    Can we just rename "Ask Slashdot" to "Ask legal advice from a bunch of non-lawyers" ? It's been a long time coming
    • by Anonymous Coward
      Actually ask slashdot is how the lawyers figure out what to tell their clients. Notice how all the askers are anonymous ? What, you think those lawyers learn this shit in law school ? So be careful what advice you post in here, and make sure it is accurate.
  • by TheWanderingHermit ( 513872 ) on Tuesday August 12, 2003 @06:00PM (#6680208)
    Do you really want to be working for a company that 1) has administrators that stupid and 2) can treat employees like trash like that?

    I was talking about similar situations recently with a friend and we both realized that the few times we had been fired unfairly (in one case she was one of two sales reps reaching well over 100% of her quota regularly and the other rep wasn't even close to 100%), we realized those were jobs we originally wanted to keep, but realized (with time and distance) that we were miserable there and were working for jerks.

    I'm working for myself now, but I've learned that when management acts that way, you're probably better off somewhere else. Just see if you can do something about getting a good recommendation.
  • by TheSHAD0W ( 258774 ) on Tuesday August 12, 2003 @06:01PM (#6680213) Homepage
    Sell the secrets you stole from the US Government to the Iraqis, and then go live in luxury for the rest of your life.
  • Show them the article [slashdot.org] about the guy in England who got off a child-porn charge by claiming that a trojan virus on his computer downloaded all those dirty pictures...
  • C''mon (Score:5, Funny)

    by Molina the Bofh ( 99621 ) on Tuesday August 12, 2003 @06:02PM (#6680221) Homepage
    Give me a break. You are an Unix Admin. Release your inner BOFH.

    Ask THEM to go to a meeting with you, show a pile of paper and ask them:

    "Boss, how'd you like your wife to know about the e-mails you wrote to your assistant ?" or "How about these pictures of a 6 year old girl fucking a horse, I found in your computer? "

    Act like a REAL sysadmin. And don't forget to ask for a raise.
  • If you computer was infected. It might not have been your fault. It would have been the administrators and helpdesks fault for not keeping the latest patches on the system.
  • ...then it may not be worth your time working for them. Seek work elsewhere, but definitely call an attorney. Just in case.
  • by SmallFurryCreature ( 593017 ) on Tuesday August 12, 2003 @06:06PM (#6680254) Journal
    1. What kind of OS is this machine running(installing a OS X trojan on OS Y is only going to consume diskspace)?
    2. Is it accessible from the outside?
    3. What if any firewall style rules does the company use?
    4. Do other people have access to the machine in question?
    5. Do other people even know how to run it?
    6. Wich ports where involved, how often? A range of ports? The example line you give could simply be you accessing the bloody website.

    Until you provide more detailed technical information about what they accuse you of doing you are just going to get a lot of INAL advise on you being fired.

  • by Molina the Bofh ( 99621 ) on Tuesday August 12, 2003 @06:11PM (#6680284) Homepage
    Say they can't decode the packets you are sending, because decoding these packets would be a violation of the DMCA. Threat to sue them.
  • First, I'm not a lawyer, nor am I associated with the legal process.

    My first step in this case would be to contact a lawyer.

    Have him see if your termination is legal. I'm sure there was something in your contract to the effect "If you do something illegal or are suspected of doing something illegal..." but who knows.

    Second, If you are innocent, do everything you can to have this pursued to it's ugly end. The evidence they have is circumstantial, so I wouldn't expect this to come to charges or conviction.
  • this could be the result of too many crime movies, but... perhaps you could suggest ways to your superiors that they can verify whether or not it was you. Tell them that it wasn't you, and explain the tech side of it: people ALWAYS fake MAC and ip addresses when they hack, they don't even need physical access to do it. Say that you would really like to review the evidence with them in more detail, and could they look for other corroborating evidence. Heck, if they actually got past the Treasury firewall
  • If there is a possibility that someone you employ is using facilities you provide to perform illegal activities, you might feel obligated to relieve them of access to your facilities. i doubt you could perform your job with an abacus, so the next step would be to fire you.
    • If there is a possibility that someone you employ is using facilities you provide to perform illegal activities, you might feel obligated to relieve them of access to your facilities.

      That is a reasonable precautionary measure, which is OK.

      i doubt you could perform your job with an abacus, so the next step would be to fire you.

      That is making someone guilty until proven innocent, which is not OK.

      The implications for someone's career if they're fired for even possibly doing something like this -- w

  • by Anonymous Coward on Tuesday August 12, 2003 @06:17PM (#6680349)
    By the time you are 50 you may know better how to react in a situation like this. You really have to have been through it a couple of times, and it is hard to do the right thing as a 25 year old just knows abstractly what the right thing is. First, never be flustered (ok that's impossible) but do deny all wrong doing. They may be "accusing" you of doing something that is prefectly innocent or a normal part of your job; so don't deny whatever it is they are waving at you, in fact offer no details whatsoever. Do immediately say you have never broken any rules, legal or company. Also say, "Sir, I am demanding a full investigation into all aspects of this." They don't really want to fully investigate, they just want to fire someone and then go on lunch break. Repeatedly ask for a full investigation, and ask for any specifics you can think of -- like an immediate shutdown of the source machine and that it's harddisk be forensically preserved.

    Here's the hard part, which you can be thinking that you should do in the back of your head, but is hard to do. Reach across the desk and scoop up all the paper you see. Tuck it under your arm like a football and don't let it out. Make sure you get out the building with that paper. Let them escort you from the building or call the police, but don't give up the documents. If they start demanding them back, you know they are fucking around and have no case. If a policeman shows up, ask him his name and then hand him the documents and tell him they are potentially criminal evidence and must be preserved. If the cop hands them back to the boss at that point, it's ok, you just have to write that in a letter or affadavit and document it.

    Immediately deposit the papers in a safety deposit box and send certified letters to the company asking for all reasons you were terminated, and any allegations proven, disproven, or unknown made against you by anyone. Note that's letters, plural, because even though its the exact same letter, you want to hit several people inside the company so you can get the conflicting answers. Also hit the Agent of Process of the company -- this is the person who is served in an event of a suit; it automatically triggers the involvement of the legal department.

    What happens next ? Are you bought out and retire to Tahiti ? Do they hastily scamble to hire you back and get you back pay ? Of course not. This is a big business so they are assholes. You'll get nothing except the greatful feeling of not being in jail. The only good about it is that the internal stir created by the resulting management meetings with legal advisors will cause them to not be a bit more competent in investigating future incidents, until a year passes and their small rat-like brains forget it all.
    • by Anonymous Coward

      Here's the hard part, which you can be thinking that you should do in the back of your head, but is hard to do. Reach across the desk and scoop up all the paper you see.

      Sorry Mr.Coward, but I am a young man, and I have never been in a situation like this. Could you please explain further how this would help you? Are you banking on them not having any copies of the supposedly incriminating documents? Seems like a foolish thing to gamble on. Are you just trying to create confusion along with your depar

  • options (Score:3, Interesting)

    by mugnyte ( 203225 ) * on Tuesday August 12, 2003 @06:23PM (#6680405) Journal
    not a comprehensive list at all, IANAL, but...

    Get a lawyer if you want to do anything.

    That said. Do something. This could haunt you.

    With your lawyer, send a certified mail letter explaining your understanding of the issue, and the possible causes

    Also explain why you need to have them follow up on this, since it involves a federal offense. They are legally required to pursue this to their complete ability since they released you over it.

    Give them a series of investigative measures they can perform to prove/disprove your possibilities for this occurance.

    Remember to include their veiwpoint in this investigation, and show how they can prove you were not the culprit

    Think of everything, the door access logs if any, the bus schedule you may have ridden, anything to prove you were somewhere else, you don't have files that made the alledged accesses, etc.

    Explain the highest probably cause: a worm scanned around for boxes to infect and your box looked like a poor hack job

    Tell them releasing you is serious enough to be illegal if they do not pursue it, since it affects your ability to hold a job in the future.

    Point to your good work done elsewhere for clients, for your agency, or their own other projects. Explain your integrity

    Await their response. Call mom and ask for laywer dough.

    mug

  • Game on... (Score:4, Informative)

    by (H)elix1 ( 231155 ) <slashdot.helix@nOSPaM.gmail.com> on Tuesday August 12, 2003 @06:30PM (#6680454) Homepage Journal
    First off, best to be innocent. Second, get a lawyer. Real attorneys are required to play this game properly.

    If the company is terribly illiterate when it comes to technology, it should not take much to truly scare the bejesus out of them. Get the ball moving on a wrongful termination suite. I suspect it will take nothing more than having your attorney formally request a copy of the log files. Move to negotiate, but be persistent. Most small/mid-size companies will settle rather than going the distance. They will posture, however, since they are looking for a quick brush-off. Most people will spend hours at the bar griping about how they were wronged, most never get a lawyer. Much like rebate 'programs', that is what they are counting on. You may get your job back, you may get damages - best to ask for both. Take the time once you do get your job back to find another, however... because this one is done. Exit fast...

    Hell, I've seen folks busted for robbing us blind get a years wages for 'wrongful termination'. The mind boggles... evidence is overrated.
    • First off, best to be innocent. Second, get a lawyer. Real attorneys are required to play this game properly.

      Correct items, incorrect order.

      First off, best to get a lawyer. Involving a lawyer early, before you say anything other than your name, could and often does nip this sort of thing in the bud.

      Second, best to be innocent. This is not a requirement if the first item is sufficeintly skilled.
  • Lawyer (Score:3, Informative)

    by rmohr02 ( 208447 ) <mohr.42@osu. e d u> on Tuesday August 12, 2003 @06:39PM (#6680525)
    If someone should try to press charges, where can I find a decent attorney that would actually understand the technology and what I was saying. (As I am now unemployed I'd very much so on a budget)
    This seems like something the EFF could help you with. I would not expect them to pay for your defense, but they would help you find someone.
  • What to tell... (Score:3, Informative)

    by Fished ( 574624 ) * <amphigory@gmail . c om> on Tuesday August 12, 2003 @06:39PM (#6680527)
    Regarding the more important question here, viz. "What do I say about THIS in an interview?", the key question is were you officially terminated, was your contract canceled, or were you asked to quit? It makes an enormous difference. If you were officially terminated, and your next employer asks, you will have to tell them the truth. If your contract was "canceled", you should just say that you "came to the end of the contract." Most interviewers will leave it there, especially in this economy. If you were asked to quit, say "I quit, for reasons I must keep confidential." If they press in either of the latter cases, you can stick to confidentiality, and maybe mention that the contract was terminated through no fault of your own.

    It is *highly* unlikely that this company will reveal anything regarding the nature of the incident to any other company. Most companies of any size have a "neutral reference policy" that allows them only to say "yes, he worked here from date x to date y." I would suggest not using your manager as a reference, but I would not suggest saying that your new employer may not contact them, since they probably won't tell anything damaging and to refuse the right to contact will damage you.

    As far as getting your job back, forget it. That's the problem with being a contractor - it's easier to get rid of you than deal with you.

    (p.s. Don't tell anybody, but I have a degree in HR -- easiest B.S. to get in a hurry -- so I'm not totally blowing smoke here, although I've never worked in the field.)

    • Easiest way to check if they'll badmouth you when a future employer checks up on your history is to just call Human Resources and pretend you're from HR at some company that's just been reviewing your resume.
      • Re:What to tell... (Score:1, Interesting)

        by Anonymous Coward
        And tape record it, just in case the lies start flowing. A standard procedure in my case. An emailed mp3 to corporate legal is usually enough to make sure they never say anything at all about you when contacted, which unfortunately isn't much better.
      • ...just call Human Resources and pretend you're from HR at some company that's just been reviewing your resume.

        Heh... I once watched a manager give a lengthy phone description of how great a former employee was, only to find after a quarter hour that he wasn't speaking to that employee's new employer, but to a different potential employer who didn't realise he'd already got a new job... Surreal conversation, though, amazing what people will say without knowing who they're speaking to...

  • In most of the United States, unless you are in a union, you have almost no rights in this situation. Except for a small number of protected categories (race, sex, religion), any other criterion, no matter how stupid, is grounds for firing you. You can fire someone for their political beliefs, their taste in music, an unsubstantiated suspicion that you are not trustworthy. Whatever.

    Hiring a lawyer would not do you any good because even if you could prove that you were innocent, the boss could still fire y

  • First thing to do? (Score:2, Informative)

    by Wan2Be ( 634259 )
    Call your local employment commission. That's what they are there for. They do have employee advocacy people, and you've already paid for them with your taxes.
  • You say your box was compromised, therefore it quite possibly WAS your box doing the hacking, but under the control of either a worm or haxx0r.

    Basically unless they have video of you actually hacking then how can they prove it was you?

    Here is a story about a guy in the UK that got arrested for allegedly downloading child porn on his machine however his machine was found to be compromised by a trojan thus getting him off the hook. [theregister.co.uk]
  • by mnmn ( 145599 ) on Tuesday August 12, 2003 @06:54PM (#6680633) Homepage
    The first time was in high school where I made a script to ping all ip addresses in a subnet to build a list of the computers, and then tried to portscan a windows nt server to check what services are we running. I was in no mood of cracking anything, only using legal standards-allowable things like ping to gather data and understand. I was not snooping spoofing either.

    I was called up and warned about it. I was never again to use ping, telnet, nbtstat, arping or use linux on ANY of the workstations. Yes thats true, these were the rules.

    Next was in Plattsburgh State University, where I was studying undergrad. I was naturally curious about routers (never seen one) and wanted to know the types running the campus, and the technologies behind its uplink to the Internet, and why the netbios updates seemed so slow. I started pinging around again. I portmapped a router to check its services and was promptly called up again by the technical staff, also my employer since I was working at a helpdesk. Felt like the suspicious detective extracting information. I never again used ANY standard TCPIP tool on that network. Ive now a home LAN with 6+ cisco routers, 7 sun workstations, 20+ overall computers running on 3 switches using atm, fr, tr, hssi, ethernet, arcnet, adsl and 802.11b, and I can PING IT ALL I WANT!!!!!!!!!!
  • Contractor. (Score:3, Insightful)

    by theNote ( 319197 ) on Tuesday August 12, 2003 @07:01PM (#6680694)
    You were a contractor.
    This means you have 0 recourse.

    Its the same as if you suspected your exterminator of stealing.
    You just tell him his services are no longer needed.

    The exterminator can't sue you, and no reason need be given.

    Consider yourself lucky they even told you why because they didn't have to.

    Also, as a contractor, your previous client is under no restriction on giving you a bad reference.

    • Nonetheless, it is in your interest to try and keep your name clear as best possible. Contractors rely heavily on their reputations. Your only reference is likely to be under some sort of slander law (IANAL et al) which I could see applying if the accusations are baseless.

      If you are faced with 'formal' accusations (criminal charges, etc.), get a lawyer. Immediately. This includes being asked for a chat by _any_ law enforcement agency. Do not volunteer any information without consulting an attorney.

      If
  • by merlyn ( 9918 ) on Tuesday August 12, 2003 @08:31PM (#6681303) Homepage Journal
  • by Ratbert42 ( 452340 ) on Tuesday August 12, 2003 @09:30PM (#6681665)
    1. Shut up.
    2. Shut up.
    3. Shut up.
    4. Shut up.
    5. Shut up.
    6. Shut up.
    7. Shut up.
    8. Shut up.
    9. Shut up.
    10. Shut up.
    11. Shut up.
    12. If you absolutely must (and I mean, as in the FBI shows up and wants to chat), hire a lawyer and tell them the truth about everything except how much money you have.
  • I once worked a contract for a subsidiary of a large company, who was located in the same building as it's parent, and shared common infrastructure (IP network and phones, etc). The "IT" people of the parent company saw some goofy stuff coming from my PC, and went to the subsidiary's VP of IS (who was a former tech and who I got along with GREAT). They told him that I was tracking to hack into their network, and had similar logs showing me trying some 'funny stuff' from my IP address.

    The VP of IS, howe

  • What do they have (Score:2, Insightful)

    by Stonefish ( 210962 )
    In Australia if they would like to proceed with this they have link the alleged attacks with you. Do your homework, see a laywer . Some things that I would look at:
    • Does you workplace have video survellance?
    • If so is it admissable? Look for Big signs and entries in your employment contract
    • Do they have any evidence linking you to the events? These are things like auditing on whereever you're logging in, backups and archives that incorporate these audit logs, arpwatch also with an appropriate audit trail.
    • D
  • Advice & Sympathy (Score:4, Informative)

    by bwt ( 68845 ) on Tuesday August 12, 2003 @11:31PM (#6682370)
    I've been in a similar situation: contractor (military, no less) wrongly accused, had to leave the site, wasn't sure if I'd have a job, etc...

    The advice I can give you is:
    1) Cooperate fully. Be honest. Be forthcoming.
    2) Deny clearly, forcefully, politely wrongdoing
    3) Remind them that the world is full of black hat hackers, some of whom have tremendous skill.
    4) Ask them how to clear your name and how you can help achieve that.
    5) Remind them of your benefit to the organziation -- acomplishments etc.
    6) Tell them you understand this needs a full investigation. Tell them you have confidence in them to gather the evidence that will clear you.
    7) Remind them that a false positive might be them next time.

    Some advice on your specific question:

    1) Do you know what you were doing at that particular time? Where you in a meeting? On the phone? Using another machine? Find proof: coworkers at the same meeting, phone records. Look at file timestamps. If one of the offending timestamps occurs in a period where you can prove you weren't using the computer, you are cleared.

    2) Ask for network logs connecting to your machine. If this is a normal PC, there should be any from strange places. If there are, that was the bad guy, not you. If they don't have such logs, point out that keeping logs is critical for clearing the innocent and exposing the criminal.

    3) If you are on a Unix box, ask that chkrootkit [chkrootkit.org] be run to identify if you've been hacked and had a rootkit installed. Hackers often install rootkits to avoid detection and this program finds them.

  • The computer virus myths page [vmyths.com]has a sidebar that addresses a similar case [vmyths.com] that had a happy ending.

    Similar? Shoddy and incompetent investigation by the fired employee's superiors.

    The whole vmyths.com site is extremely interesting. Funny too. I highly recommend it.

  • by isorox ( 205688 )
    IANAL, and I suggest you see one
  • "Trinity. The Trinity? That cracked the IRS dbase? Jesus."
    "What?"
    "I just thought um... you were a guy."
    "Most guys do."
  • No Evidence = Wrongful Termination.

    Be careful of contractual obligations, but be aware that you cannot sign over your first born child - doesn't matter if your John Hancock is on it.

    In Oz you can sue for lost income in the period, including any income potentially earnt if your reputation had not been impugned.

    Basically - they have not taken even a modicum of "due care" in the collection of this "evidence".

    You PC should have been quarantined and audited by a security professional, the firewall logs (

  • I'm reading this and it appears you were just Joe Peon User. Was the SysAdmin in on all this, or did Upper Management just grab the data and started to make assumptions?

    Whether or not this has a direct impact on your case, the security (or lack thereof) of your system is the responsibility of, well, the System Administrator. If s/he has such a weak security system in place, my suspicious would fall upon him/her/it, either for ineffectiveness, or at worst, nefarious purposes (hack and blame the user).
  • First thing I would do as is ask them if they logged any of the MAC addresses or just IP addresses. I would also ask them if they have any other logs from the same timeframe showing connections from that IP address to any other systems, and if those systems support user logging, do they have the associated logs. (check mail servers, samba, etc..) Also, check dhcp logs, some OSs renew leases more often than required.

    Since it's easy to quietly steal/borrow an unused IP address that isn't being used, but

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