Tuesday, June 20, 2006, 6/20/2006 12:31:00 PM

Memphis Computer Fraud and Abuse Act Blues

By Todd
Inventory Locator Service, LLC ("ILS") has accused Partsbase, Inc. of obtaining unlawful access to ILS's computerized database. Partsbase has counterclaimed accusing ILS of the same thing. Kind of like that old Reese's Peanut Butter Cup ad - "you got your peanut butter in my chocolate . . . ." "no, you got your chocolate in my peanut butter."

ILS has moved to strike Partsbase's counterclaim and has proffered a computer forensic expert's testimony that concludes Partsbase's logs were altered to reflect incursions into Partsbase's system by ILS that never occurred - in other words, a fraud on the court. And this case is in federal court in Tennessee too - a fraud on a federal court can land someone in federal prison for criminal contempt. ILS is asking for the appointment of a special master under federal rule of civil procedure 53(a) and the court says in its decision and order: "Rarely does a party allege that another party has fabricated evidence and submitted it to a court of law. When such allegations are made and are supported by expert analysis, this court has an obligation to pursue them at the earliest possible opportunity. Nothing is more basic to the administration of justice then the integrity of the judicial process. Because of the enormous amount of data and the gravity of ILS's allegations, the court concludes that the prompt appointment of a special master is warranted."

So now, a neutral computer expert is going to be agreed on by the parties and their findings will be a recommendation to the district court as to how to handle this allegation. If we were Partsbase, we'd be taking this allegation very seriously. Computer guys just don't look good in stripes. The case is cited as Inventory Locator Service, LLC v. Partsbase, Inc., 2006 WL 1646091 (June 14, 2006 W.D. Tenn.).

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