Disk File Evidence (was Duplicates are Selves)

From: Lee Corbin (lcorbin@tsoft.com)
Date: Thu Apr 10 2003 - 22:34:47 MDT

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    Harvey writes

    > FYI. For legal purposes of evidence, a file that has been copied is NOT the
    > same as the original file. If a disk file is to be used as evidence in a
    > court of law, it must be frozen unchanging at the time of confiscation. The
    > files cannot be copied. The disk cannot be defragmented or moved around.
    > It cannot be repaired by a virus program to remove viruses. It cannot have
    > its last write date modified. It cannot be recovered with an undelete
    > program.

    Unbelievable! This means that crimial activity cannot be prosecuted
    on the basis of files poorly deleted from disk?

    Well, I'll look on the bright side. I can invest less in fragmenter
    programs now to obliterate the records of all my nefarious activies. ;-)

    > In fact, it must be read by another device specially made for this
    > purpose. The operating system of the disk cannot be allowed to
    > run or boot off the disk.

    Or do you mean by this that when a search warrant is issued,
    and a suspect's machine is taken as evidence, there do exist
    programs that the prosecutors can run that will be allowed
    to "recover" the file?

    Lee

    > A digitally exact copy of the files is not the same as the
    > original file under the law.
    >
    > This is not just a foible of legal rulings. A copy may or may not be
    > identical to the original. There may be errors introduced. It may have
    > been deliberately changed. It may be someone's claim of how the original
    > appeared to them, but it is not the original.



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