RE: Preserving evidence

From: Lawless, Tim (tim.lawlessat_private)
Date: Sun May 05 2002 - 14:44:58 PDT

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    James, 
    
    It depends..
    
    The first question should be -- what evidence are you 
    trying to preserve, and for what purpose? Upon that answer,
    Almost everything else will depend.
    
    If the evidence in question is a log or journal file, where
    The system is not so much a party to the incident -- being
    Neither a tool/aggressor of a crime, a victim of a crime; but
    Rather a auditing mechanism which witnessed the crime -- then
    The method you describe may be appropriate.
    
    If, however, the system is the target of an attack,
    Or was used as a tool by a suspected perpetrator
    Of a crime, or was itself a victim of an attack --
    Then you risk loosing critical information. Information,
    That any good defense attorney would claim could have been
    Exculpatory in nature.
    
    Just as a for instance, using Microsoft backup to backup
    A system of an individual who was found to be downloading
    Pornography during work.
    
    This method would not pick up the slack space of files,
    The unallocated portions of the drive (which could
    House deleted or hidden materials), and could fail
    To preserve the 'last access' times.
    
    In this situation, it could be claimed by the accused that
    A 'trojan' was responsible for the downloads, and that
    This 'trojan' was found by the accused and removed --
    But that the 'accused' did not remove the pornography
    That the trojan downloaded because the 'accused' did
    Not know of the pornography.
    
    Preposterous? With out the drive, one would be hard
    Pressed to refute this or other claims. One can
    Not check the last access times to find out
    That the 'accused' was viewing the pornography
    During lunch the day the system was sized, or
    Even search for evidence of a trojan. 
    
    So, to answer your question.. I give the typical
    Answer of "it depends.." :)
    
    --Tim
    Tim Lawless, CISSP
    EDS GIAS
    Computer Investigations and Analysis
    * Tim.Lawlessat_private
    
    
    
    



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