Legal proof of hacking?

Question

Legal proof of hacking?

Received a summons to the Moscow district court as a defendant in a civil case "on protection of honor and dignity" for the record in a separate website-the blog, the author of which I am not, but the domain registered on my name. (The domain .NET, registered through R01, the server is in Germany)
Contact the author of the blog revealed that the author of this blog entry is not created. Reading server log showed that the record was created with a foreign IP through the admin.

Is it possible to confirm hacking the server logs and present it in court? You must order the examination or it is sufficient to use a notary? In the second case, does anyone know how to find a notary who will undertake such task? The gugleniya on the subject provide very little information.

tiara asked July 9th 19 at 10:47

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7 answers

Weston98 answered on July 9th 19 at 10:51

The notary can attest to the fact record (screenshot).
But the fact hacking can determine the other person is the expert. Really have no idea what he will be able to dig up. Most likely, nothing. Good experts off - road.
You can refer to the fact that it is an open blog, and don't you make a record you seek legal advice.
Must force the lettering to remove at best.

Yes, the rates for experts are pretty high to do it out of principle to punish the offender and restore justice :( - tiara commented on July 9th 19 at 10:54

: nydic the expert to start. and you need to leave the server, with an open hole until you find him.
it's not even about the money. - earl.Weissnat commented on July 9th 19 at 10:57

: hole, unfortunately, closed before it became known about the court. - tiara commented on July 9th 19 at 11:00

: then about the technical justification forget. - earl.Weissnat commented on July 9th 19 at 11:03

Juanita17 answered on July 9th 19 at 10:53

only a lawyer

we need to defend ourselves is not "how of life", and "how in jurispudence"

Iliana_Strosi answered on July 9th 19 at 10:55

Legally a blog is like a wall("fence") in the courtyard of the recording can be done by anyone, and you only can remove them. Even if you pass this wall in a clean, people from hooligan promptings can leave any record - it does not mean that this is the responsibility of the owner of the wall.

The act of hacking will be difficult to prove without the person admitting it - how to use proxy can now even schoolchildren.

Now it turns out that I almost have nothing, because are not even the author of the blog. Blog, by the way, is one of the user and the notary plaintiff testified screenshots of an article published under the username of the author of the blog. - tiara commented on July 9th 19 at 10:58

as written - it is better to contact a lawyer - earl.Weissnat commented on July 9th 19 at 11:01

Evelyn_Wisozk answered on July 9th 19 at 10:57

There are ample opportunities to rebut the plaintiff, according to described.

Kyleigh_Hills answered on July 9th 19 at 10:59

Paper from the hoster/provider print, that they confirmed that the server was hacked. And the issue is resolved.

We have a dedicated server, in fact we ourselves hosters) - tiara commented on July 9th 19 at 11:02

in any case, someone gives you the Internet)) - earl.Weissnat commented on July 9th 19 at 11:05

alexandrine.Volkman answered on July 9th 19 at 11:01

Situation You certainly non-standard, and I also advise you to contact an attorney. In my opinion, "the case is sewn with white thread".
And I like others would very much like to know the outcome and solution to this problem. Mark this then as everything will be solved)

earl.Weissnat answered on · Accepted Answer · 2019-07-09T10:49:33.706Z

earl.Weissnat answered on July 9th 19 at 10:49

Solution

Is it possible to confirm hacking the server logs and present it in court?

Very difficult, almost impossible, and most importantly - why???

As the owner of the resource you have administrative responsibility for the placed materials - no matter hacked the server or not.

Regarding criminal responsibility if there is something serious, then it is the prosecutors will have to prove that it was you who posted the entry.

Therefore, you do not need to do.

Then it looks like "idea for a startup" like the plaintiffs themselves "vilified" himself on different sites, to sue for compensation for moral damage. The plaintiffs - lawyers and such sites as mentioned blog at least 4. With each site posting the same article they want compensation for moral damage, not just remove the article (the article, by the way, removed himself cracker after some time). If they cared about reputation, they would have tried to contact the author of the blog or me (as the owner of the domain), but these attempts were not - at once a summons to court. Want no one else fell for this Scam, and not just to get out of responsibility for the planted article) - tiara commented on July 9th 19 at 10:52

: I understand.
Once again - as the resource owner, you are responsible for the fact that it is placed. Regardless of break-ins and other things. Ie, you are guilty even if you were hacked.
So they claim it to you, and that you will respond. And with the burglar can be dealt with separately - to announce the fact of burglary to the police.
It is in theory.

In practice, plaintiffs would be extremely difficult to prove the fact of placing the material if it is already deleted. Unless of course you will have a competent lawyer. Well, the fact that they tried to resolve this situation with you without the involvement of the court, will play against them.

In General if you just threaten to court trying to shake down, feel free to send away, without a word.
If actually filed a lawsuit - hire a competent lawyer, and then act on its advice.
And nothing else. - earl.Weissnat commented on July 9th 19 at 10:55

the claim, unfortunately, real and pretrial discussion in court already held. At the interview (and before the conversation in the corridor) all the plaintiffs also attempted to communicate with me, I was not interested. Now think about the choice of tactics is simply to remove responsibility, or trying to prove a set up with a counterclaim.
Thanks for the advice, probably will have to splurge on a competent lawyer and follow his recommendations) - tiara commented on July 9th 19 at 10:58

If the claim is real - the search for a competent lawyer is the only right way.
Amateur or inaction - is almost a guarantee of losing.

The lawyer and the case quickly fell apart.
Judging by the situation you described they just can't prove anything.
Have not yet found a lawyer don't sign anything and make no statements. - earl.Weissnat commented on July 9th 19 at 11:01