When a nationwide class of consumers alleged that a national
computer rental franchisor had installed spyware on their rental computers to
surreptitiously log customer keystrokes and take clandestine pictures via
webcam, the franchisor engaged bit-x-bit to analyze the class representative’s
computer and the franchisor’s network to determine whether any unauthorized
data was sent to or received by the franchisor, in violation of the Electronic
Communications Privacy Act.
bit-x-bit:
- Forensically imaged the rented computer
- Analyzed over 5,000 IP addresses, both active and deleted, present on the computer
- Examined the allegedly offending software
- Captured and analyzed the computer's memory
- Reviewed active and deleted photos to determine if the plaintiff's photograph had been taken
and transmitted
- Analyzed the franchisor's email server and intranet, and the opinions and declarations
provided by several opposing experts
Our forensic investigation proved that the rented computer did not
use the spyware mode of the allegedly offensive software. None of the 5,000 IP
addresses to which the computer had communicated matched those of the
franchisor, and we found no evidence of data transmission of photos or key
logging. Upon completion of our examination, bit-x-bit provided a report of our
findings to counsel.
Defense counsel was able to resolve the case quickly once our investigation
report was presented to the plaintiff’s counsel, and achieved a dismissal of
the class action.