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Computer Forensics, Privacy & the Law
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Jaime Aguirre, a 43-year-old Ohio medical imaging technician accused of taking hundreds of surreptitious nude and semi-nude photos of patients at Advanced Medical Imaging in Tiffin, Ohio, pleaded "no contest" to 15 child pornography charges in a Portage County courthouse. Additional child pornography and voyeurism charges were filed against Aguirre in Seneca County (where AMI is located) after a forensic examination of his home computer revealed more patient photos. Police also found hundreds of photos and video recordings of women made in various public locations near Aguirre's home. Bond for the Seneca County charges was set at $750,000.

 


Last September, I wrote about the travails of Jamie Aguirre, an ultrasound technician at Advanced Medical Imaging in Tiffin, Ohio, whose penchant for secretly videotaping undressed and sedated patients, and collecting X-rays of public areas, came to light after he was pulled over for a traffic violation.


Later this spring, the U.S. Supreme Court will hear a case, Ontario v. Quon, with potentially broad implications for the nation's increasingly text-addicted workforce. At issue is whether an employee has a privacy interest in the contents of personal text messages sent using employer equipment.


A draft report of a state audit of Buffalo School System computers reportedly contains allegations that pornography was downloaded onto a laptop used by school board president Ralph Hernandez. The controversy is helping to underscore the perils of increased computer use by public officials in all aspects of their work.


A 57-year-old Ohio attorney, Donald J. Guernsey, was convicted in the Seneca County Common Pleas Court for two counts of tampering with evidence. According to a report by the Fostoria Review Times, an employee of Guernsey's law firm discovered a digital camera hidden in a roll of paper towels in an upstairs bathroom.


routine traffic stop in northern Ohio led to a disturbing discovery: numerous nude photos of patients secretly taken by an ultrasound technician at Advance Medical Imaging, a facility located in Tiffin, Ohio. The suspect, Jamie Aguirre, 43, is being held in lieu of $250,000 bail; a preliminary hearing is scheduled for Friday, October 30, in the Kent Municipal Court.


The multi-faceted investigation into whether Boston mayoral aide Michael J. Kineavy in appropriately deleted emails in violation of the Massachusetts public records law is generating a small forest of statements from the principal players, but little additional information.


After a couple of days on the road to lecture on privacy in Houston, Texas, I thought it might the Boston City Hall email controversy might have quieted down. Fat chance. In typical Beantown fashion, however, the plot has thickened like unwatched chowder. Here are a few of the highlights:

  1. Yesterday, top Menino aide Michael J. Kineavy, whose fastidious email deletions sparked the controversy, announced that he is taking an unpaid leave of absence. Kineavy told journalists that he has become an unnecessary distraction for the mayor, who is in the middle of a campaign for a record-breaking fifth term.
  2. In an editorial published the same day, the Boston Globe urged Massachusetts Attorney General Martha Coakley to take over the investigation, in large part because her office has subpoena power that Secretary of State William Galvin lacks. Galvin initially launched the investigation when the Meninon administration claimed that it could not supply emails sought by the Globe in a public records request. With a second computer now in play, the Globe said, "[Coakley] needs to gain physical control of the physical hardware in this case before anything goes missing."
  3. Coakley is a leading Democratic contender in the upcoming U.S. Senate race to replace the recently-deceased Ted Kennedy, and undoubtedly would rather give up playoff tickets at Fenway than get involved in the swamp of Boston City Hall politics. But ignoring a formal request for assistance is not an option, so Coakley announced today that her office is working with Secretary of State Galvin to determine what action, if any, needs to be taken by her office. At the very least, it may give the attorney general a chance to use her new computer forensics lab for a high-profile case.
Not surprisingly, the Globe has used this as a teachable moment on the permanence of electronic data. It seems, however, that many people (including a number of public officials) are still under the impression that the "delete" key means what it says, despite considerable evidence to the contrary.

The simmering saga over missing emails from the employee mail account of Michael J. Kineavy, a close aide to Boston mayor Thomas Menino, was kicked up a notch yesterday by the revelation that an old computer of Kineavy's had been found in City Hall.


According to an exclusive report in the conservative journal The Washington Times, the National Science Foundation experienced a six-fold increase in employee misconduct investigations, many of which involved use of government equipment to access pornographic Web sites during the work day.


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