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Am I allowed to bring a copy of my questions for the witness?


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I think you might want to address issues of computer security at LVNV, Chase, Sherman as well.

What type of security computer programs are installed?
What people are allowed to access to the database?

Are the all the programs password protected?

Did you have to use a password to get on your computer?

Did you have to enter a password to enter the program that holds the accts information?

How often do you change your password?

Who has access to you computer?

How are the computers secured at the end of the day?

Is the database inhouse or do you access it online?

If you access it online...what security measures or programs are installed there?

 

Describe to me how you obtained the alleged information of my alleged account.

"I sat down to my computer"
"Opened the program and pulled up your name....then got the info"...could let her ramble...

Then hit her with computer security.!

 

Thought you had alot of good questions.

Good luck I know you will do well !  :)

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Is that something that has to be sent to the other side first?

 

I made a list, did I miss anything? 

 

You don't need to send questions to other side. You will be using them for impeachment purposes.

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Is that something that has to be sent to the other side first?

 

I made a list, did I miss anything? 

No! No! You don't have to send thise to them. They will just tailor their testimony. You shouldn't let them know. also you might not want to post them either.

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Here's a list from Calawyer:

 

FYI: in cross examination ask yes or no questions (except for background). Do Not ask "why". These are professional witnesses and will do well with such a question. If they explain, ask the Judge to order them to answer the question.

 

Despite repeated request, plaintiff has not provided the complete account sued upon or even evidence that it has received assignment of the claim at issue in this lawsuit. I will have to reserve comment until you have seen plaintiff's evidence.

 

 

  1. By whom are you employed?
  2. How many years have you worked for ____?
  3. What is your job title?
  4. Have you ever worked for CHASE Bank (Original creditor)?
  5. Have you ever lived at 3111 Camino Del Rio North, Suite 1300, San Diego, CA  92108?
  6. You have never been to that address ever in your life, correct?
  7. Have you ever lived at 876 N. Mountain Ave., Suite 205 Upland, CA  92108?
  8. You have never been to that address ever in your life, correct?
  9. Have you ever lived at 5743 Corsa Ave., Suite 215, Westlake Village, CA  91362?
  10. You have never been to that address ever in your life, correct?
  11. Have you ever lived at 2730 Gateway Oaks, Suite 100, Sacramento, CA 95833?
  12. You have never been to that address ever in your life, correct?
  13. Have you ever lived at 151 Bernal Road, Suite *, San Jose, CA  95119?
  14. You have never been to that address ever in your life, correct?

 

Your honor, I would like to show the witness a copy of the affidavit of Kayla Haag in this matter.

Give the Judge a copy and give the plaintiff’s attorney a copy.

  1.   Is that your signature at the bottom?
  2.   And you signed this affidavit on or about January 4, 2013?
  3.  And you signed it under penalty of perjury, correct?
  4.   Where have you been for the last 20 days?
  5.   What does it mean to be served with a subpoena?
  6.   You were never physically present at 3111 Camino Del Rio North, Suite 1300, San Diego, CA  92108 during the last 20 days, correct?
  7. It was not a true statement that you could be served at 3111 Camino Del Rio North, Suite 1300, San Diego, CA  92108, was it?
  8. You were never physically present at 876 N. Mountain Ave., Suite 205 Upland, CA  92108 during the last 20 days, correct?
  9. It was not a true statement that you could be served at 876 N. Mountain Ave., Suite 205 Upland, CA  92108, was it?
  10. You were never physically present at 5743 Corsa Ave., Suite 215, Westlake Village, CA  91362 during the last 20 days, correct?
  11. It was not a true statement that you could be served at 5743 Corsa Ave., Suite 215, Westlake Village, CA  91362, was it?

 

  1. You were never physically present at 2730 Gateway Oaks, Suite 100, Sacramento, CA 95833 during the last 20 days, correct?
  2. It was not a true statement that you could be served at 2730 Gateway Oaks, Suite 100, Sacramento, CA 95833, was it?
  3. You were never physically present at 151 Bernal Road, Suite *, San Jose, CA  95119 during the last 20 days, correct?
  4. It was not a true statement that you could be served at 151 Bernal Road, Suite *, San Jose, CA  95119, was it?

 

Your honor, I move to exclude this witness and all of his testimony as her affidavit was purposely false and intended to deceive the defendant and the court.

 

When the judge says no, say, thank you.

 

  1. You have never been employed by CHASE, true? (if he says yes. Stop here)
  2. What kind of computer system does CHASE have?
  3. Has that computer system ever crashed?
  4. Have hackers ever broken into CHASE computer system?
  5. What is the job title of the CHASE employees that enter information into the bank’s computer system relating to payments made on credit card accounts?
  6. What is the job title of the CHASE employees that enter information into the bank’s computer system relating to purchases made on credit cards?
  7. How is interest calculated on those accounts?
  8. Who reviews the data for accuracy?
  9. How are mistakes handled?
  10. Where does CHASE store paper records?
  11. What is the name of the CHASE employee in charge of keeping its paper records?

 

 

Your honor, I move to strike the witness’s testimony. She has absolutely no personal knowledge of the creation, maintenance or production of the records at issue here. Her testimony is speculation and involves multiple levels of hearsay. It is like testifying about a car accident after reading an account of the accident in the newspaper. Mrs. Lashinski has no first-hand knowledge of any facts at issue and his testimony should not be permitted.

 

 

 

CODE OF CIVIL PROCEDURE 2015.5

 

Whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement, declaration, verification, or certificate, in writing of such person which recites that it is certified or declared by him or her to be true under penalty of perjury, is subscribed by him or her, and (1), if executed within this state, states the date and place of execution, or (2), if executed at any place, within or without this state, states the date of execution and that it is so certified or declared under the laws of the State of California.

The certification or declaration may be in substantially the following form:

(a) If executed within this state:

"I certify (or declare) under penalty of perjury that the foregoing is true and correct": _______ (Date and Place) _______ (Signature)

(B) If executed at any place, within or without this state:

"I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct": _______ (Date and Place) _______ (Signature)

 

 

 

Good Luck,

 

rt

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I did get some questions off that Rivertime, but there was not a affidavidt, so some did not apply.

Thanks Seadragon, I took them down.

 

I had read somewhere that you had to provide everything you planned to use to the other side, I didn't know if it included my personal notes such as questions I wanted to ask.  I was gonna have to memorize them all if I had to disclose, whew! I will repost them after trial for anyone else that wants the reference.

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You don't need to send questions to other side. You will be using them for impeachment purposes.

Thanks caprop. That kinda answered my question too.

 

 

 

EFS advantages and disadvantages

EFS technology makes it so that files encrypted by one user cannot be opened by another user

if the latter does not possess appropriate permissions. After encryption is activated, the file remains

encrypted in any storage location on the disk, regardless of where it is moved. Encryption

is can be used on any files, including executables.

The user with permission to decrypt a file is able to work with the file like with any other, without

experiencing any restrictions or difficulties. Meanwhile, other users receive a restricted access

notification when they attempt to access the EFS encrypted file.

This approach is definitely very convenient. The user gets the opportunity to reliably and quickly

(using standard means) limit access to confidential information for other household members or

colleagues who also use the computer.

EFS seems like an all-around winning tool, but this is not the case. Data encrypted using this

technology can be entirely lost, for example during operating system reinstallation.

 

We should remember that the files on disk are encrypted using the FEK (File Encryption Key),

which is stored in their attributes. FEK is encrypted using the master key, which in turn is encrypted

using the respective keys of the system users with access to the file. The user keys

themselves are encrypted with the users’ password hashes, and the password hashes use the

SYSKEY security feature.

This chain of encryption, according to EFS developers, should reliably protect data, but in practice,

as explained below, the protection can be ultimately reduced to the good old login-password

combination.

Thanks to this encryption chain, if the password is lost or reset, or if the operating system fails

or is reinstalled, it becomes impossible to gain access to the EFS-encrypted files on the drive. In

fact, access can be lost irreversibly.

Regular users do not fully understand how EFS works and often pay for it when they lose their

data. Microsoft has issued EFS documentation that explains how it works and the main issues

that may be encountered when encrypting, but these are difficult for regular users to understand,

and few read the documentation before starting to work.

4

Data can be lost for good

Let’s figure out in what situations can EFS-encrypted data can be lost. How dangerous can a

situation be? We’ll take it from the top.

How can one lose access to EFS-encrypted data?

Almost all of us have encountered a situation where it was necessary to fully reinstall Windows.

This may have been due to the operating system’s functioning being disrupted by software

failure, a virus attack, or a mistake made by an inexperienced user, the system password for a

user account was lost or a user profile was deleted. In this case, all encrypted data in the old

configuration would most likely be lost.

Consider the following typical scenarios in detail:

1. The system is not booting due a component having been replaced or failed or due to

operating system failure. For example, the motherboard is out of order, the boot sector

is damaged, system files are corrupted, some “half-baked” updates or a different unstable

piece of software was installed. In this case, the hard drive can be connected to a different

computer and the data can be read off it, but if it is EFS encrypted, this would not work.

2. The system administrator at the company or the user has reset the user password. In

this case, access to EFS-encrypted data would also be lost.

3. The user profile was deleted. In this case, the files (and the user keys) may still be on the

disk, but the system cannot see them, even if the user is recreated with the same name, a

different ID will be assigned to the account, which is used in the encryption process. In this

situation, access to the data encrypted using EFS will also be lost.

4. The user is migrated to a different domain (is authenticated through a different server). If

the user encryption keys were stored on the server at the times of the migration (usually this

is the case), then an unprofessional migration can result in the loss of access to the EFS-

encrypted data.

5. System reinstallation. In this case, access to EFS-encrypted data would naturally be lost.

If a backup copy of the entire system disk is made at the time, or at least of the user profile

(“Documents and Settings”), then access could be restored with the use of special software,

but only if the keys are not damaged.

It is fairly common for the system itself to be stored on one disk, while encrypted files are stored

on a different disk. When the administrator reinstalls the operating system, usually a backup of

just the disk with the data is made and then the system is reinstalled. Obviously, in this case the

keys are lost and with them goes the access to encrypted data.

It should be said that there is a straightforward way to avoid this situation, if before using EFS the

EFS Recovery Agent is set up, but this, just like the workings of EFS in general, are too complicated

for the average user, as demonstrated below.

5

What is the EFS Recovery Agent?

The EFS Recovery Agent is a user with permission to decrypt data, encrypted by another user,

if the latter lost the encryption certificate keys or if the user’s account was deleted, but the encrypted

data is needed.

As a rule, the Recovery Agent is the Administrator, but it can also be a different user. There can

be multiple Recovery Agents. In order to assign Recovery Agent permissions to a user, first Recovery

Agent certificates need to be created using the command “Cipher /R: filename”, where

“filename” is the path and name of the created certificates without the extension.

After this, the user will be asked to enter a password to protect the private key and to confirm it

(the password is not displayed in the console on entry). Then two files are created with the specified

name: *.cer and *.pfx. These contain the public and private certificate keys, respectively.

Now the certificate must be added to the user’s personal storage, specified by the Recovery

Agent (this step can be skipped, then the Recovery Agent can do it later, when the recovery

functions need to be used) importing the file *.pfx (double-click on the file icon to launch the certificate

import wizard). Here, the administrator had to open the “Local Security Settings” snap-in

(Start - Run - secpol.msc), select “Public Key Policy - EFS” and in the menu “Action” select “Add

Data Recovery Agent.” The “Add Recovery Agent Wizard,” will open, and on the second page

one must click on “View folders” and select the *.cer file created earlier.

In order to restore access to the encrypted files after system reinstallation or after a private key

had been lost, the Recovery Agents’ private keys must be kept in a secure location or (if they

are not assigned), the private keys of all users using EFS, by exporting them from the “Private”

depository of the “Certificates” snap-in (certmgr.msc). In Windows Vista, there is finally a way to

store the keys on a smart card, which is much more reliable in terms of security.

It is clear that this kind of safety measure with the use of the EFS Recovery Agent contradicts

its intended principle of simplicity and requires non-trivial, from the average user’s point of view,

though routine for an administrator, actions and manipulations. It is no surprise that few use it.

It should be noted that if the administrator tried to reset the account password for a local user,

the user will lose all private certificates and with them the access to EFS-encrypted files (a corresponding

warning will appear when this action is attempted). The same will happen if the local

administrator, using special means, tried to force a password change (i.e., without entering the

old password).

Consequently, the risk of losing the most important data, encrypted using EFS technology, when

there is a system failure or due to an administrator/user error, is rather high and must always be taken into consideration.

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@My~Cuz~n~Vinny~  That is good info for affiants like Tom Vigil whose business is to un encrypt business records for JDB's, if he actually shows up as a witness (will never happen) and he says they use data encryption software....

just a thought @calawyer

 

 

Great info, but I think this would be lost on most judges.  And you would have to get the witness to admit.  One or two questions at most, I would say just demonstrating that the witness has no idea how the OC encrypted the data or whether any data was lost in transmissin.

 

Your bigger point, however, is that the witness has no first-hand knowledge how the data was gathered or maintained.  Someone might have told him/her and he/she may have made a visit (so they can say so on the stand).  But the witness is not the custodian of the OC's records and just can't give any first-hand testimony about them.

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