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Post by JohnM on Aug 6, 2013 19:10:56 GMT -5
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Post by DavidL on Aug 7, 2013 7:14:05 GMT -5
Good, modern-day police work.
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Post by BernzAMatic on Aug 7, 2013 12:18:45 GMT -5
Speaking solely as an IT Security Engineer with a knowledge of Data Forensics. Digital foot print is crucial, facebook & twitter and all the rest of the "open" social media...But when they are talking about BBIM, Email & phone records, I certainly hope baseball was careful with it's own authorization and paperwork, differentiating between privileged, private and subject to discovery without a warrant.
Dave, please correct me if I'm wrong here, but if the evidence was found without proper authorization (Fruit of the poisoned tree?) there is a potential for the whole house of cards to fall...to my knowledge THIS investigation didn't involve law enforcement, so I'm not sure what sort of authorizations would be needed and from whom they would come.
Reason I bring it up is knowing just how much paperwork we have to put in place before we go to a customer site to do a penetration test, who, what where, when, stopable events, etc...it can be a real PITA at times, and if everything isn't properly in place can actually cost you your jobs AND your certifications.
Burner phones, Burner email addresses, anonymous proxies are essential to limiting your personal digital footprint in today's world.
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Post by DavidL on Aug 7, 2013 12:46:51 GMT -5
Since this does not involve law enforcement or criminal charges, there's no 4th Amendment concerns (i.e., unreasonable search and seizure, the poisonous tree). Private parties in general are not subject to the 4th Amendment. Based on the story, since MLB has a pending suit against Biogenesis and Bosch, they have pretty broad subpeona and discovery authority. Only if the lawsuit was found at some point to be frivolous (not just that MLB loses, but that they knew that their suit had no legal basis at all) could the subpeonas be subsequently challenged. Since Bosch and/or other Biogenesis employees were presumably the recipients of the emails and voicemails, and participants in the Facebook and Twitter conversations, I'm not sure that the players can block MLB's use of them in the disciplinary process. And since Bosch was not a doctor (I can't recall, though, whether he held himself out as one), there's no doctor-patient privelege, or HIPAA privacy protections. And even there, neither of those is absolute - if MLB got the information properly under the rules of civil procedure, they're free to use it as they see fit. At most, and it's a stretch, IMO, the players might have a claim for damages against Bosch and Biogenesis (who, under the circumstances, are probably judgment-proof anyway, i.e., without the assets to pay any damages).
Bottom line, I doubt that the 13 players who agreed to the suspensions did so without getting legal advice that MLB could use the evidence against them.
Oh, and all the counter-measures you mention wouldn't help when they've got delivery records from FedEx and UPS. And if they had the PEDs delivered to a straw-man, they would just lean on him or her to reveal who the real customer was.
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Post by BernzAMatic on Aug 7, 2013 13:10:34 GMT -5
The key to the limited digital footprint is to stay off the initial radar (Bernie's "Rule number 1: Don't put your Business in the streets")...looking at the pictures of the outside of the clinic it hard to believe that there were "only" 16 patients and that they were all involved with MLB. NBA? NFL? NHL? WWE? Local Population?
I said yesterday someplace, I feel rather confident that there are more than a few MLB players that are breathing a sigh of relief that they were not discovered...Oh and other counter measures include fake FB, Twitter & LinkedIN. For schmucks like us it is much easier than the big boys, but certainly far from impossible.
It shall be interesting if later on we find out all the tools & techniques used and evidence gathered to come to the final conclusions...
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Post by DavidL on Aug 7, 2013 13:42:42 GMT -5
Oh, I'm sure that clinic had dozens, if not hundreds, of clients, that many of them were not pro baseball players, and that there were more than 17(?) baseball players in the group. One of the things the Feds are supposedly looking at is them supplying PEDs to HS kids. Tony could be looking at serious jail time.
One of the things that recent stories have been pointing out is that MLB now supposedly has the toughest and most rigorous anti-PED program of all the major team sports. So it stands to reason that they have been more active than the NBA (although I've seen some mentions of LeBron and Biogenesis), NFL, and NHL.
WWE? Don't they require their "athletes" to take PEDs?
I still say all your countermeasures won't be successful when there are FedEx and UPS delivery records. Those are killers.
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Post by JohnM on Aug 7, 2013 15:06:29 GMT -5
Don't forget that U of Miami baseball coach appears to be involved. Jon Heyman said 10 of the 13 are close Miami pals with #13. Some are concluding he may have led his pals to the clinic. Of course MLB hasn't shared with the player all their evidence. If true he may have no choice but to settle. What happens if a player like Melky sings?
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