Black Hat USA 2011

Black Hat USA 2011 //Hacker Court

Caesars Palace Las Vegas, NV • July 30 - August 4

Tuesday Aug 2: 08:00 - 17:30

Register Now //caesars palace

After the Court: Behind the Scenes of Hacker Court

Go behind the scenes with the Hacker Court team to discover what goes into preparing for a computer crime trial.

This year, the Hacker Court team takes you behind the scenes to discuss just how much work is involved in preparing for a computer crime trial. This panel will discuss the lifecycle of prosecuting and defending against a computer crime charge: what constitutes a computer crime, how it affects businesses, how computer crime is detected and investigated, how a case is prepared and finally the theater known as Court. Join panelists Jonathan Klein of Broadridge Financial Solutions; Jay Prabhu of the Department of Justice; Kevin Bankston, Kurt Opsahl, Marcia Hoffman and Hanni Fakhoury of the Electronic Frontier Foundation (EFF); "Weasel" from Nomad Mobile Research Center (NMRC); Kevin Manson of the Department of Homeland Security and moderator Carole Fennelly of Tenable Network Security as they discuss the monumental effort involved in preparing a computer crime trial….even when it's fake.


  • Purpose (highlight relevant legislation, define computer crime, demonstrate what goes into a computer crime trial, citizen’s rights)
  • Previous Courts
    • Hacker Court 2002
    • Hacker Court 2003: GettaLife
    • Hacker Court Federal 2003: Don’t Mess with the USAF
    • Hacker Court 2004: Pirate of the Potomac: The Curse of the Bl4ck P3rl”
    • Hacker Court 2006: Sex, Lies and Sniffers
    • Hacker Court 2007: The Case of a Thousand Truths
    • Hacker Court 2008: Hack MyFace
    • Hacker Court 2009: Pwning the economy in 138 chars or less. Legal Focus: Aggressive use of the Computer Fraud and Abuse Act. TAG: “What would happen if Greenspan used Twitter?”
    • Hacker Court 2010: MyTwitFace
  • So You’ve Decided to Call the Feds
    • Computer Crime Scene Investigation
    • Evidence Collection & Protection
    • Who’s Running the Show?
    • Is This Really Good for Business?
  • Going to Court
    • Passage of Time
    • Trial Dynamics
      • Appearance Counts!
      • Witnesses
      • Those Boring Log Files
  • Sentencing
    • Did the Investigation REALLY Cost That Much?

    Moderator: Carole Fennelly

    Panelist Representing
    Jonathan Klein Expert witness/business organization
    Jay Prabhu Attorney, Department of Justice
    Kevin Bankston Attorney, Electronic Frontier Foundation
    Kurt Opsahl Attorney, Electronic Frontier Foundation
    Marcia Hoffman Attorney, Electronic Frontier Foundation
    Hanni Fakhoury Attorney, Electronic Frontier Foundation
    Weasel NMRC (hacker’s perspective)
    Kevin Manson The Man


    Carole Fennelly

    Carole Fennelly is an information security professional with over 25 years of hands-on experience in the computing technology field. Starting as a Unix System Administrator in 1981, she was drawn into the developing information security field as the commercial Internet grew. She is the primary author of the CIS Solaris 10 Benchmark as well as the CIS RHEL5 Benchmark. Carole is presently the Technical Content Director at Tenable Network Security, creators of the Nessus vulnerability scanner.

    Jonathan Klein

    Jon has been a software developer in the Unix/C environment for over 25 years. During that time, he has developed custom security software for several large financial institutions and held key roles in numerous application deployments. Jon’s many years as a security consultant have provided him with a wide experience of security deployments in a variety of environments. He is the co-author of the CIS Solaris 10 Benchmark as well as the CIS RHEL5 Benchmark. Jon is presently the Vice President and Chief Security Architect of Security Engineering and Monitoring at Broadridge Financial Solutions in Jersey City, New Jersey.

    Jay Prabhu

    Jay Prabhu is an Assistant United States Attorney for the Eastern District of Virginia, and, in addition to being a member of the Cybercrime Unit in Alexandria, Virginia, is the District’s designated expert on Computers and Electronic Evidence. Mr. Prabhu has prosecuted criminal cases in nearly every area of the office but specializes in Intellectual Property, Computer Intrusion & Fraud, and Child Exploitation investigations & prosecutions. Prior to joining the U.S. Attorney’s Office, Mr. Prabhu was a Senior Counsel with the Computer Crime & Intellectual Property Section of the Criminal Division of the U.S. Department of Justice in Washington, D.C. Mr. Prabhu’s notable trials include the first jury felony conviction in the District for hacking into an electronic email account, the first jury conviction in the country for a defendant who uploaded a pre-release movie to a bit-torrent server, the first jury conviction in the District for operating a music server providing pre-release music that was stolen from the CD production plant, the first jury conviction in the District for a DVD movie pirate, and the first jury conviction in the Alexandria Division in nearly 20 years for child pornography. Mr. Prabhu has received numerous awards including the Assistant Attorney General’s Award for Outstanding Advocacy in Protecting Citizens from Online Crime and the Software & Information Industry Association’s Anti-Piracy Leadership Award. Prior to joining government, Mr. Prabhu was an Associate at Wilmer, Cutler & Pickering, specializing in complex litigation and antitrust. He is a graduate of Harvard Law School, the John F. Kennedy School of Government, and Boston College.

    Kevin Bankston

    KEVIN BANKSTON is a Senior Staff Attorney for the Electronic Frontier Foundation (EFF) and a former Nonresidential Fellow at Stanford Law School’s Center for Internet and Society, specializing in free speech and privacy law with a focus on government surveillance, Internet privacy, and location privacy. He regularly litigates issues surrounding location privacy and electronic surveillance, and is currently a lead counsel in EFF’s lawsuits against the National Security Agency and AT&T challenging the legality of the NSA’s warrantless wiretapping program. From 2003-05, he was EFF's Equal Justice Works/Bruce J. Ennis Fellow, studying the impact of post-9/11 anti-terrorism surveillance initiatives on online privacy and free expression. Before joining EFF, he was the Justice William J. Brennan First Amendment Fellow for the American Civil Liberties Union, where he litigated Internet-related free speech cases. He received his J.D. in 2001 from the University of Southern California and his undergraduate degree from the University of Texas.

    Kurt Opsahl

    Kurt Opsahl is a Senior Staff Attorney with the Electronic Frontier Foundation focusing on civil liberties, free speech and privacy law. Opsahl has counseled numerous computer security researchers on their rights to conduct and discuss research.  Before joining EFF, Opsahl worked at Perkins Coie, where he represented technology clients with respect to intellectual property, privacy, defamation, and other online liability matters. Prior to Perkins, Opsahl was a research fellow to Professor Pamela Samuelson at the U.C. Berkeley School of Information Management & Systems. Opsahl received his law degree from Boalt Hall, and undergraduate degree from U.C. Santa Cruz. Opsahl co-authored "Electronic Media and Privacy Law Handbook." In 2007, Opsahl was named as one of the "Attorneys of the Year" by California Lawyer magazine for his work on the O'Grady v. Superior Court appeal.

    Marcia Hoffman

    Marcia Hofmann is a senior staff attorney at the Electronic Frontier Foundation, where she focuses on computer crime and security, electronic privacy, free expression, and other digital civil liberties issues. She is also a non-residential fellow at Stanford Law School's Center for Internet and Society. Prior to joining EFF, Marcia was staff counsel and director of the Open Government Project at the Electronic Privacy Information Center (EPIC).

    Hanni Fakhoury

    Hanni Fakhoury is a Staff Attorney with the Electronic Frontier Foundation focusing on the intersection of technology and criminal law within the Coders Rights Project. Prior to joining EFF, Hanni worked as a federal public defender in San Diego. In less than four years, he tried fourteen felony jury and bench trials and argued before the Ninth Circuit Court of Appeals four times, winning three reversals, including a published reversal in U.S. v. Sandoval-Gonzalez. He also served as a copy editor for the 2010 edition of Defending a Federal Criminal Case. While in law school, Hanni worked at the federal public defender's office in Sacramento, where he obtained acquittals in one jury trial and two bench trials. Hanni is a graduate of UC Berkeley, where he received two degrees, including a honors degree in history, and Pacific McGeorge School of Law, where he was elected to the Order of Barristers for his excellence in written and oral advocacy. Hanni is a member of the National Association of Criminal Defense Lawyers.


    Weasel is a security researcher and member of Nomad Mobile Research Centre (NMRC).

    Kevin Manson

    In 2000, Kevin Manson co-founded the Cybercop Portal, a Department of Homeland Security endorsed activity with over 14,000 users (including 4,000 INFRAGARD members) across the US and with a global reach for information sharing between law enforcement and industry. Cybercop technology was developed at DARPA and refined at the Carnegie-Mellon Software Engineering Institute.

    He currently serves as a 'Secure Online Community Architect' and Consultant for the Law Enforcement, First Responder and Security Industry Communities.

    Kevin retired September 2007 as a 19 year career senior instructor at the Federal Law Enforcement Training Center (a Department of Homeland Security Agency), where he served in the Legal and Financial Fraud Divisions. He designed, developed and deployed training programs for Internet Forensics and Investigations, Computer Crime for Prosecutors and Electronic Sources of Information (the First Open Source Data Mining Training for Federal Agents). He also created the first course in computer security for federal Law Enforcement Agents called "Digital Officer Safety."

    He served in the early 80s as staff counsel for Senator Bob Dole on the Senate Judiciary Committee, and as a state magistrate and state Assistant Attorney General in his home state of South Dakota. He also served as an intelligence officer in the US Army.