Re: Preview in Encase (or other package) rather than image

From: mhtat_private
Date: Thu Jul 05 2001 - 10:02:14 PDT

  • Next message: R Herrera: "LAN Forensic Class"

    At 02:13 PM 7/5/2001 +0100, Michael D. Barwise, BSc, IEng, MIIE wrote:
    Hi Patrick
    
    Your approach would certainly make sense if
    [1] you knew exactly what you were looking for
    
    Some notable cases to back up theorem # 1.
    
    Daewoo Electronics Co. v. United States, 650 F.Supp. 1003, 1006 (Ct.Int'l 
    Trade 1986)
    The normal and reasonable translation of electronic data into a form usable 
    by the discovering party should be the ordinary and foreseeable burden of a 
    respondent in the absence of a showing of extraordinary hardship.
    
    Easley, McCaleb & Associates, Inc. v. Perry, No. E-2663 (Ga. Super. Ct. 
    July 13, 1994)
    Plaintiff's expert allowed to recover deleted files on defendant's hard drive
    
    First Technology Safety Systems, inc. v. Depinet, 11 F. 3d 641 (6th Cir. 1993)
    Trial court can issue ex parte electronic evidence seizure order
    
    Gates Rubber Co. v. Bando Chemical Industries, Ltd, 167 F.R.D. 90, 112 (D. 
    Colo. 1996)
    Site inspection and evidence preservation order. "Expert" criticized for 
    procedures. A party has "a duty to utilize the method which would yield the 
    most complete and accurate results."
    
    Pearl Brewing Co. v. Joseph Schlitz Brewing Co., 415 F. Supp. 1122 (S.D. 
    Tex. 1976)
    Entire system documentation required to be produced
    
    PHE, Inc. v. Department of Justice, 139 F.R.D. 249, 257 (D. D.C. 1991)
    Objection to discovery being burdensome denied
    
    
    [2] the files were still "current" i.e. not deleted &c.
    
    More in the case of email....
    
    Playboy Enterprises, inc. v. Terry Welles, 60 F. Supp 2 1050; 1999 U.S. 
    Dist. LEXIS 12895 (S.D. Cal. 1999)
    Court can appoint neutral expert to recover deleted email
    
    Bourke v. Nissan Motor Corp., No. B068705 (Cal. Ct. App. July 26, 1993)
    Employees had no reasonable expectation of privacy in their company email
    
    Smyth v. Pillsbury Co., 1996 WL 32892 (E.D.Pa. 1/23/96 Weiner J.)
    Employee had no reasonable expectation of privacy in company email
    
    The problem really arises when the forensically relevant data are in deleted
    files or slack space in used clusters/sectors. Then, you have two problems:
    [a] the native file system cannot deliver the data for analysis
    [b] VM and temp file usage may destroy the data while you are examining
    the drive
    
    Santiago v. Miles, 121 F.R.D. 636, 640 (W.D.N.Y. 1998)
    "A request for raw information in computer banks is proper and the 
    information is obtainable under the discovery rules."
    
    Seattle Audubon Society v. Lyons, 871 F. Supp. 1291 (W.D. Wash. 1994)
    
    Simon Property Group v. mySimon, Inc., 2000 WL 963035 (S.D. Ind)
    court ordered special master for electronic discovery
    
    
    Hence the need to *do nothing* to the original except read sectors onto
    another medium. The various levels of paranoia needed when making an
    image have been well covered in this thread, and there are obviously several
    different opinions based on personal experience. Forensics is not an exact
    science, as it is about making highly technical issues accessible to non-
    technical minds with an axe to grind!
    
    Michael D. Barwise BSc, IEng, MIIE
    Computer Security Awareness
    
    "Addressing the Human Equation in Information Security"
    
     > From:                 pat.beardmoreat_private
     > Date sent:            Tue, 3 Jul 2001 09:42:09 +0100
    
     > Before I give my own opinions, has anyone come across the practice of
     > previewing a drive and then taking off the relevant files rather than
     > doing a full image. Does anyone want to comment on the advantages and
     > disadvantages of this methodology?
     >
     > thanks,
     >
     > Patrick Beardmore
     >
     >
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