Hi Christina, The federal rules of evidence actually point in the other direction, that U.S. Federal courts look at the likelihood of tampering having actually occurred rather than the possibility of tampering. http://www.cybercrime.gov/usamarch2001_4.htm Here's an excerpt from an article by Orin S. Kerr (a DoJ attorney when the article was written) on Computer Records and the Federal Rules of Evidence: "Computer records can be altered easily, and opposing parties often allege that computer records lack authenticity because they have been tampered with or changed after they were created. For example, in United States v. Whitaker, 127 F.3d 595, 602 (7th Cir. 1997), the government retrieved computer files from the computer of a narcotics dealer named Frost. The files from Frost's computer included detailed records of narcotics sales by three aliases: "Me" (Frost himself, presumably), "Gator" (the nickname of Frost's co-defendant Whitaker), and "Cruz" (the nickname of another dealer). After the government permitted Frost to help retrieve the evidence from his computer and declined to establish a formal chain of custody for the computer at trial, Whitaker argued that the files implicating him through his alias were not properly authenticated. Whitaker argued that "with a few rapid keystrokes, Frost could have easily added Whitaker's alias, 'Gator' to the printouts in order to finger Whitaker and to appear more helpful to the government." Id. at 602." "The courts have responded with considerable skepticism to such unsupported claims that computer records have been altered. Absent specific evidence that tampering occurred, the mere possibility of tampering does not affect the authenticity of a computer record. See Whitaker, 127 F.3d at 602 (declining to disturb trial judge's ruling that computer records were admissible because allegation of tampering was "almost wild-eyed speculation . . . [without] evidence to support such a scenario"); United States v. Bonallo, 858 F.2d 1427, 1436 (9th Cir. 1988) ("The fact that it is possible to alter data contained in a computer is plainly insufficient to establish untrustworthiness."); United States v. Glasser, 773 F.2d 1553, 1559 (11th Cir. 1985) ("The existence of an air-tight security system [to prevent tampering] is not, however, a prerequisite to the admissibility of computer printouts. If such a prerequisite did exist, it would become virtually impossible to admit computer-generated records; the party opposing admission would have to show only that a better security system was feasible."). Id. at 559. This is consistent with the rule used to establish the authenticity of other evidence such as narcotics. See United States v. Allen, 106 F.3d 695, 700 (6th Cir. 1997) ("Merely raising the possibility of tampering is insufficient to render evidence inadmissible."). Absent specific evidence of tampering, allegations that computer records have been altered go to their weight, not their admissibility. See Bonallo, 858 F.2d at 1436." I agree that signing (strong evidence collection & chain of custody procedures) will help dismiss such accusations more briefly, but I don't believe that signing is necessary for introduction of logs as evidence. Cash register receipts, another kind of electronic evidence, won't have digsig for probably decades yet are readily admissible providing that receipts are part of normal business process. Now your last statement regarding best practices is the real heart of the matter, and I think that's really the most important concern. Thank you very much for your detailed thoughts! Best regards, Eric ________________________________ From: Christina Noren [mailto:cfrln@private] Sent: Thursday, August 31, 2006 11:50 AM To: Eric Fitzgerald Cc: loganalysis@private Subject: Re: [logs] Re: Log integrity handling on central logsystem Eric, There are many regs out their that speak generally about taking steps to prove the integrity of logs. (HIPAA, DCID, NISPOM, FFIEC... the list goes on). Some mention log signing as a technique. Many more focus on security of network transmission (i.e. syslog-ng or similar) and controls over access to the log data repository. However, real driver for signing is litigation risk, not regulations. When you present log data as evidence to prosecute intruders, or you are subpoenaed for log evidence, opposing counsel will tend to challenge its integrity on several points: - can't prove that there weren't additional exculpatory records showing someone other than the defendant had the same opportunity, if the evidence is circumstantial, that were then deleted by the _real_ culprit - can't prove the specific events used as evidence weren't changed Signing (with a nonce that can be proven to have been protected) both individual log events and groups of consecutive log events is one of the best ways to address this type of challenge. Furthermore, to the extent that log signing becomes standard practice, a company who does not do it is exposed to civil litigation for not having taken due care, if outsiders, employees, customers, etc. are unable to pursue lawsuits against 3rd parties because of the shakiness of the log evidence. - Christina On Aug 31, 2006, at 1:00 AM, Eric Fitzgerald wrote: Regarding log signing: is anyone aware of an actual regulatory or legal requirement for log signing? ________________________________ From: loganalysis-bounces+ericf=windows.microsoft.com@private on behalf of Christopher L. Petersen Sent: Tue 8/22/2006 6:55 AM To: Patrick Debois; loganalysis@private Subject: [logs] Re: Log integrity handling on central logsystem I've always thought ensuring the integrity of the log begins at collection and ends at archival. In defining integrity I would say it means no log entries are altered and the complete log is collected and centralized. As for best practices, I would recommend the following: - Collect all logs as close to real-time as possible. The longer the source log is on the source host, the more likely it can be altered. - When possible transport logs with a TCP based protocol and encrypt. TCP ensures reliability and combined with encryption, makes altering log entries as they traverse the network significantly more challenging. - If UDP Syslog is the only option and the central repository is across the WAN, try to collect close to the source and then forward via a TCP based protocol. - The central repository should utilize a strong access control mechanism at the operating system, database, and application layer to ensure that log data cannot be altered once written. - Ideally, an archive/backup copy of all centralized logs should be maintained. This provides redundancy in the event the central log database fails or becomes corrupt. - When written to the central repository/archive, additional controls like hashsums or digital signatures can be used to validate integrity. If hashsums and/or signatures are used make sure the proper access controls exist around storing the hashes and signatures to ensure they cannot be modified. This in itself is another line of thought... - If you want to get really serious (and spend some money), write archive copies of the logs to write-once storage. I'm not sure if/how Splunk addresses the above. Vendors focused on log management (vs SIM) address most if not all of the above. Chris Petersen, CTO & Founder LogRhythm, Inc. www.LogRhythm.com > -----Original Message----- > From: loganalysis-bounces+chris=security-conscious.com@private > [mailto:loganalysis-bounces+chris=security-conscious.com@privatem ] > On Behalf Of Patrick Debois > Sent: Tuesday, August 22, 2006 12:44 AM > To: loganalysis@private > Subject: [logs] Log integrity handling on central logsystem > > I'm looking for feedback how centralized log solutions handle data > integrity; If you would log directly to a central system, that log is > the only source. So you would miss something to compare against. > > -Would you rely on taking checksums of the logs and storing them on > another system? > -How do you protect yourself from the fact that the central logging is > compromised with a still growing logfile? > Would you consider signing each log line? Signing within a text file is > fairly easy, but what about content stored in a database? > > My customer is currently looking at Splunk. It seems a great way to go > through the logfiles, but I'm not sure that we can fullfill his > dataintegrity requirements with it. But then again it does not stand in > the way of another solution doing it probable. > > Patrick > > > _______________________________________________ > LogAnalysis mailing list > LogAnalysis@private > http://lists.shmoo.com/mailman/listinfo/loganalysis _______________________________________________ LogAnalysis mailing list LogAnalysis@private http://lists.shmoo.com/mailman/listinfo/loganalysis _______________________________________________ LogAnalysis mailing list LogAnalysis@private http://lists.shmoo.com/mailman/listinfo/loganalysis _______________________________________________ LogAnalysis mailing list LogAnalysis@private http://lists.shmoo.com/mailman/listinfo/loganalysis
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