RE: Audit Logs as submissible evidence.

From: Kelly, Lee (kellylat_private)
Date: Wed Jun 19 2002 - 09:41:55 PDT

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    But let's not forget that log evidence still has to be tied to a particular
    person. Authentication, preservation, and credibility are valid points but
    by themselves logs do not prove that John Doe was in the chat room selling
    credit cards. 
    
    I am not a lawyer but it has been my experience that you have to be able to
    prove that at the time the log was generated, in fact it was John Doe and
    not someone who has gotten his username/password. Excuses I have heard range
    from 'someone stole my wallet and that had my passwords in it' to 'I gave
    Sally my password to copy a file and she must have done it'. 
    
    Lee.
    
    -----Original Message-----
    From: Jonathan A. Zdziarski
    To: mstevensonat_private; forensicsat_private
    Sent: 6/18/02 9:22 PM
    Subject: RE: Audit Logs as submissible evidence.  
    
    It all comes down to the credibility/reliability of the data and the
    authentication of that data.  Evidence such as tape recordings and
    server logs must be authenticated to be admitted into court, and the
    authentication always turns out to be your burden.  If the data is
    credible enough, the judge may allow it but if there is doubt, it will
    most likely be argued as hearsay (The logs told me this...the sysadmin
    told me that...)
    
    
    Thank You,
    
    Lee Kelly, CISSP
    Manager, Assessment Services
    Fortrex Technologies
    kellylat_private
    1-877-Fortrex - Office
    1-301-906-6269 - Cell
    
    
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