Re: Where are greater risks?

From: Bob Johnson (bobjat_private)
Date: Fri Jun 29 2001 - 19:50:21 PDT

  • Next message: Christopher Howell: "Re: File times?"

    James Holley wrote:
    
    > Bob,
    > 
    > Most of these issues are settled with methodology.
    > 
    
    Ah, well.  I've been shot down by your first sentence.
    
    [ ... parts deleted for brevity ... ]
    
    > I am no expert at operating system design, though I did take a class
    > on operating systems design in my Masters degree program. However,
    > the answer to this is, again, methodology. Use clean media. Always
    > use wiped media to house restored images of evidence drives if you
    > are using Linux as a forensic platform. Always use clean, wiped media
    > to house the evidentiary images as well.
    
    I think if anyone learns something they didn't already know from 
    this discussion, that would be a good thing to take away.  You 
    can't contaminate evidence with something that isn't there.  
    
    The history of personal computers includes a few examples of 
    developers accidently shipping part of the source code for 
    their products in the unused sectors of the installation 
    floppies, because the original image was created on floppies 
    from which the code had merely been deleted (i.e. the file 
    entry was deleted from the directory, but still existed on 
    the disk) rather than wiped (actually overwriting the data 
    that was in the file).
    
    [... more deleted ...]
    
    > > Because in court, a defense attorney isn't really interested
    > > in the truth.  His goal is to get the jury to have just a little
    > > bit  of doubt about what happened.  If he can do that, he wins.
    > 
    > Finally, we agree.
    > 
    > So it is our job to help counsel keep focused on the important issues
    > and not allow defense counsel to cloud the court with irrelevant
    > arguments.
    
    Well, maybe that's really my point.  Even if the defense counsel's 
    questioning borders on frivolous, there is no guarantee that you 
    won't have to deal with it.  You can't always count on your side 
    being represented by someone who will object when it is appropriate.
    
    > 
    > > Although Linux can be used successfully as a forensic tool in
    > > many cases simply because the defense wouldn't have the money or
    > > the expertise to attack it, you should be very cautious about
    > > using it as an evidentiary tool in a big money case.  It would
    > > be better to use a tool that is easier to explain to a jury.
    > 
    > OK. Back to being disagreeable. Easy to explain is "This image is
    > exactly identical to the original evidence. I know that because an
    > MD5 hash of this image (i.e. md5sum evidence.img) is exactly the same
    > as an MD5 hash of that hard drive (i.e. md5sum /dev/hdb). This is
    > very easy to explain.  So what imaging tool do you use and how do 
    > you explain its operation to the jury?
    > 
    
    
    Well, I did go a bit overboard.  Maybe a lot overboard.  There is 
    a limit on what sort of challenge is worth presenting, because it 
    clearly becomes ridiculous.  But most people who've never seen the 
    process in action don't understand the degree of care that is 
    necessary to preserve the value of evidence.   
    
    No, I don't collect evidence for trial, in part because I don't 
    have the tools or procedures in place to do the job right.  Which 
    is probably the other lesson to be taken away from this discussion.  
    You must have proper procedures in place _before_ you start 
    collecting evidence, or you are likely to botch it up, regardless 
    of what tools you have.  _My_ procedure is to isolate the system 
    in question until it is decided whether there is a need to 
    collect evidence.  It is easier to effectively _protect_ 
    evidence than it is to _collect_ it.
    
    But, IIRC, that isn't the scenario presented in the original 
    question, which concerned covert evidence collection.  
    
    And when I collect evidence for internal use, I use FreeBSD 
    instead of Linux ;)
    
    > This is a great discussion.
    
    > 
    > James
    
    - Bob
    
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