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Alison Diana

Petraeus's Downfall Reminds That Email Lasts Forever

Written by Alison Diana
11/13/2012 33 comments
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General David Petraeus, a man who, throughout his career, has appeared invincible to the best-laid plans of his enemies, was apparently felled by email.

The much vaunted career military professional, who served both Republican and Democrat presidents in several capacities, resigned on Friday as director of the Central Intelligence Agency (CIA) after the FBI discovered he had been involved in an affair with his biographer, Paula Broadwell.

The FBI began investigating because of harassing emails sent to a second woman -- which the Associated Press identifies as Jill Kelley. Over the course of its investigation, the department began questioning whether a computer used by Petraeus had been compromised, and discovered evidence of the affair along with other security concerns. One of these concerns was the four star general's use of Gmail, a cloud-based free email service, under a pseudonym.

So, what began as a "potential cybercrime, or a breach of classified information," as the Wall Street Journal writes, became the electronic fingerprint that destroyed Petraeus's career when the FBI ran into "sexually explicit emails between two lovers, from an account Mr. Petraeus used a pseudonym to establish."

The FBI and local federal prosecutors worked together to see whether any cyber-stalking laws were broken, reports BoingBoing. They used forensic methods, such as the other email accounts the user had accessed from that computer, to identify the writer of the malevolent emails. Working with Gmail metadata, investigators eventually identified Broadwell as a prime suspect, accessed her email account, and discovered evidence of her relationship with the general.

It's the same kind of analysis that security teams do to search out breaches within corporate ranks -- or on crime TV shows, drilling down IP addresses until all but one is eliminated.

The FBI's case didn't solely revolve around computer forensics. They had to observe legal niceties, too. Under the Stored Communications Act, a "government entity" can force an electronic communication service provider to disclose "contents of a wire or electronic communication" that's been stored for 180 days or less, with a warrant, reports ABC News. To get a warrant, an agency must show probable cause that a particular crime is being, or has been, committed.

Should the email, or other communication, have been stored for more than 180 days, then the agency has to produce an administrative subpoena or court order which does not require probable cause.

Additionally, the Uniform Code of Military Justice specifically addresses -- and forbids -- adultery. Those who break this code face a maximum penalty of dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to one year. Petraeus has said the affair did not begin until he began heading up the CIA.

Whether you're in public or private industry, the downfall of Petraeus certainly serves as a cautionary tale -- and a reminder that love may be fleeting, but email seldom is.

— Alison Diana Visit my LinkedIn pageFollow me on TwitterCircle me on Google+, ThinkerNet Editor, Internet Evolution

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Kurtkeys
IQ Crew
Tuesday December 18, 2012 4:51:09 PM
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I understand the Mata Hari component involved or even the blackmail possibilities. But with presidents and congressmen/women carrying on in public with interns and pages, what'sthe problem with an ex-general having an affair? It's not like he's the first

Kim Davis
Thinkernetter
Tuesday December 18, 2012 4:37:05 PM
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Yes, Kurt, and Petraeus has been very clear that the affair began after he left active duty.  Of course, for a "spy chief" there are other problems with this kind of activity.

Kurtkeys
IQ Crew
Monday December 17, 2012 4:16:32 PM
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My  $0.02 is that since the former general was no longer in active duty he was not under the jurisdictiction of the UCMJ and as such, no criminal acrivity occured. Having said that I agree with all the other statements about this article. Well done

respectfully,

Kurt

Kim Davis
Thinkernetter
Tuesday November 27, 2012 3:24:31 PM
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A ruse which may have seemed clever, but couldn't evade detection once the FBI was going through Broadwell's email accounts.

Alison Diana
Thinkernetter
Tuesday November 27, 2012 11:10:59 AM
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As the story played out, it turns out that Petreaus and Broadwell never actually sent emails. Instead, they saved them to Drafts; since both had access to the email account, they checked the Drafts folder and responded to each other's messages in that folder. 

But I agree, @Usman, that many people - me too! - save emails unnecessarily, including unread messages. That's one reason corporations use programs that mandate employees delete or store messages offline once they reach a certain capacity. Otherwise, organizations would spend a ton of money and resources storing and managing years of unwanted email -- which could be subpoenaed, stolen, leaked, etc. 

Usman Ejaz
IQ Crew
Saturday November 24, 2012 10:04:47 AM
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Most people don't throw out their email, even if they date back years, I myself have a lot of unread mail that I don't have any use for but don't delete because I'm lazy and there isn't any particularly urgent reason for me to. I'd imagine that's the way most people are are with they're personal mails. The circumstances change ofcourse, when one's uisng company mail as it involves more people and stakes then just the user themselves and caution needs to be taken there.

nasimson
Thinkernetter
Thursday November 22, 2012 6:44:29 AM
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In my opinion, use of mail as a communication tool , was a blunder on patraeus part.Usually high officials are pretty much possessive about their position and think a hundred times before indulging 
into any such activity as their personal lives are highly vulnerable to media but Patraeus have shown an immature attitude .Paula Broadwell was his biographer and in this regard both must be having one to one meetings. 
so the idea of going further for mail conversation was not a good one at least for him.
 
DHagar
Thinkernetter
Tuesday November 20, 2012 12:34:21 PM
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Very interesting, Alison.   This is certainly pointing out the flaws in the systems.  No matter what, as your article emphasizes, you can count on emails leaving a lasting footprint.

DHagar

Alison Diana
Thinkernetter
Tuesday November 20, 2012 10:51:30 AM
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An article in USA Today pointed out that the FBI deviated from the norm in its handling of the Petreaus emails, and that normally the agency passes along claims of cyberstalking to local law enforcement. In this case, of course, the concern was that the emailer appeared to know a lot about Petreaus, his schedule, and other personal information that could have put him at risk. And, as head of the CIA, they were concerned about any breach of his security, too. I don't know whether the article was supposed to be comforting; I guess it's good to see how infrequently the FBI reportedly delves into citizens' emails. But I have not seen any stats n' facts about local law enforcement investigations.

DHagar
Thinkernetter
Monday November 19, 2012 9:23:23 PM
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Excellent points and article, Alison.  It does not matter what form and system you have, information contained in emails can become discoverable from so many angles.  The idea that they are private is like whispering into a microphone and complaining that other people are listening in.

We really have to recognize the power of technology and upgrade our thinking.

DHagar

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