Sunday, 21 October 2012
I apologise for the long break between posts. I've been doing some renovation work and my well of ideas seems to have run dry. In an attempt to kickstart some creativeness, I recently contacted some people to volunteer my limited testing services. Even though I didn't end up testing much, one of the parties (lets call them an "Anonymous Benefactor") offered me an unpaid remote internship. It has the potential to help both of us - I get some actual hands-on experience and they get a (hopefully timesaving) research monkey.
So this got me to thinking that a post on internship issues could prove useful to my fellow noobs and/or a prospective employer who is considering taking an intern on.
Both parties should agree on what tasks the intern is expected to do before they commence. For example, the intern will conduct supervised forensic exams on cases, or subsets of data provided by a senior examiner. This may include ongoing cases, past cases, or simulated cases. Analysis may include, but is not limited to Windows registry files, Internet History, keyword searches, timeline construction, data carving and data recovery. Other duties may include report review and writing, research and testing, and script/programming development.
Position Details / Terms and Conditions of Internship
Some other issues which could be addressed include:
Timeframe: List the Start and End date (if applicable/known).
Working Hours: Is the internship part-time/full-time? It might be helpful to list the maximum number of hours per week expected. Time zone differences should also be taken into account for remote internships.
Location: Can the duties can be performed remotely (ie via Internet) or is the intern required on site/to travel.
Scheduling: Agree on how work is assigned, what to do if a deadline is unachievable etc.
Remuneration: Spell out if it's an Unpaid Internship and if there is (not) a promise of future employment.
Termination: State the agreed period of notice, if both parties can terminate and what happens to any relevant data/hardware/software after termination (eg gets returned/wiped).
Liability: State who is legally responsible for the intern's work. For example, the intern's work will be verified/reviewed before being used in a report. Any liability then remains with the employer.
Travel costs: Obviously this is more of an issue with remote internships. Should the intern be required to travel / testify in court, both parties should agree beforehand on who will pay for reasonable travel costs.
Equipment: Both parties should agree on what hardware/software will be provided by the intern and what hardware/software will be supplied by the employer. Also, what happens to data/software/hardware upon the ending of the internship. One potential requirement which might surprise a new intern is that analysis computer(s) must not be connected to the Internet whilst the Intern is working with client data. Separate PCs and/or use of Virtual Machines could assist with this requirement.
Software Authorship: If the intern writes a script/program during the internship, do they own it? Or does the employer?
Blogging: If the intern wishes to blog about something they learned/observed, is it OK? Employers should be given the chance to review/approve any content which could potentially disclose confidential information.
Additional work for 3rd parties: Can the intern perform tasks for other parties (eg beta testing)? The employer might want final say just in case the 3rd party is a potential competitor.
Obviously, the employer is trusting the intern not to disclose sensitive data but if Johnny/Janet Law comes knocking, the intern should be aware that they are obligated to obey any lawful orders. Some orders may even prohibit the intern from notifying their employer.
As an example of a confidentiality clause - the intern is not to disclose any confidential information (eg client data, employers business data) unless with the employers consent or as required by the law.
Address any restrictions on who the intern can work for after their internship ends. This could prove difficult to agree on because the intern will likely be interested in any/all potential offers. Limiting the intern's knowledge of the employer's business practices (eg client list, pricing list) could be one strategy to reduce an intern's ability to "compete" in the future. A remote internship is also less likely to result in the need for a non-compete agreement.
Applicable Labour Laws
This will vary from each state/country. I am not a lawyer so please don't rely on this monkey's ramblings - seek your own legal advice! Some things you may need to consider - term limits, start/end dates, which party is benefiting more (it should probably be the intern).
In general, I think most governments realise that unpaid internships are a good thing (especially in the current economy). As long as everyone agrees to what is expected of them, then there should be no need for lawyers. To minimise any surprises, spell out as much as you think relevant in any internship agreement. It may take a little longer to get started, but it really should be worth the effort.
As an intern, my attitude should be to learn as much as possible and to protect the employer's interests. The employer is doing me a favour, so I should treat them accordingly. By addressing the above issues before the internship starts, both parties can then focus on the forensic work at hand.
If you have any questions/thoughts, please leave a comment. Just note my "Anonymous Benefactor" is not seeking any other interns at this time. So please don't ask for their contact details!
I'd like to finish off by thanking a few forensic friends for sharing their valuable thoughts about internships - Mari DeGrazia, Syd Pleno and Carl House.
Hopefully, I will be able post something new and more forensically interesting soon ...