Monthly Archive for May, 2011

Android Phone Security Risk

Android handsets ‘leak’ personal data

Many applications installed on Android phones interact with Google services by asking for an authentication token …

Sometimes, found the researchers, these tokens are sent in plain text over wireless networks. This makes the tokens easy to spot…

Armed with the token, criminals would be able to pose as a particular user and get at their personal information.

Even worse, found the researchers, tokens are not bound to particular phones or time of use so they can be used to impersonate a handset almost anywhere.

Now what might an unscrupulous person do with this? Might one be able to observe a person using his Android phone, capture the  token, then use it to find-out more about the person?

Mareva Injunctions

Named for Mareva Compania Naviera SA v International Bulkcarriers SA [1975] 2 Lloyd’s Rep 509, a Mareva Injunction is a court order which freezes assets so that a defendant cannot surreptitiously dissipate assets to prevent the enforcement of a judgment.

These injunctions are widely recognised in common law jurisdictions and such orders can have world-wide effect.  Similar provisions are now available in the rest of Europe, under Article 9(2) of the European Union Directive on the enforcement of intellectual property rights, which was approved in April 2004.

The injunction is often granted ex parte and pre-trial based on affidavit evidence alone.  A Norwich order sometimes precedes the Mareva Injunction.  A Mareva Injunction is often combined with an Anton Piller order. The combination of a Mareva Injunction and an Anton Pillar order can be devastating to a business or professional person by freezing assets and revealing proprietary processes and data to competitors. However, this does prevent a foreign company from removing its assets from the country before a trial can take place. Today’s telecommunications makes moving assets almost instantaneous. The Anton Pillar order prevents the destruction of evidence before trial.

Norwich Orders

Norwich Pharmacal Order

A Norwich order is a pre-action discovery mechanism.

In Norwich Pharmacal Co. v Customs and Excise Commissioners [1974] AC 133, the owner of a patent knew that infringing goods were entering the UK, but could not ascertain the identity of the goods. The Commissioners, in the course of performing their duties, had information that would identify the imports.  Also, they had unknowingly played a part in facilitating importation of infringing goods. The House of Lords found that where a third party had become involved in unlawful conduct, they were under a duty to assist the person suffering damage by giving them full information and disclosing the identity of wrongdoers. If the third party bears expense in assisting compliance with an order, the person seeking assistance is bound to reimburse those expenses. That expense however would be reflected in an award of damages against the ultimate tort-feasors, and this be recovered after the final hearing.

Canada and the Norwich Order

The Court in Isofoton S.A. v. Toronto Dominion Bank, outlined five elements that a court should consider before granting a Norwich order.

Continue reading ‘Norwich Orders’

More than a Vehicle Registration

During the course of a surveillance, the vehicle driven by the subject may offer more information than just the registration details.

For example, a quick look inside the vehicle may reveal his occupation, place of employment, or places where he frequently parks his car if you see unpaid parking tickets inside.

If you suspect the subject is involved in criminal activity or insurance fraud, then pay for a report from CARFAX and CarProof and get a history search on the vehicle identification number (VIN).   The history for the VIN will reveal any liens and state if the car was involved in past accidents or if it has been marked as a salvage, re-built or non-repairable vehicle. Also run the VIN at the Canadian Police Information Centre website under the stolen vehicle section.

Self-destructing IMs and Emails

Big String offers self-destructing IMs and emails so that you won’t leave any evidence of their online communications. It works with many popular IM clients.

Ten Minute Email Address

10 Minute Mail gives you an email address that is good for 10 minutes, then expires. This allows you to register with sites that require an email validation. Using this helps you to cover your tracks when using such sites.