Comment Computer Forensics - clear as mud (Score 5, Informative) 470
Well, I can sum up the whole article like this:
Forensic investigators = not stupid
Article author/editor = selling a story / lack of facts
Court system = flaky justice
Being a computer forensic investigator, what I can tell you is that the problem is not with extracting individual files (being current, deleted, overwritten), or even hashing the contents or drive images themselves. Although this does present a certain technical challenge, this can be overcome. Any forensic investigator will tell you that, what he/she finds during his/hers investigation rarely comes under question or scrutiny. You just can not deny the fact that this "stuff" was found on the suspects media. What almost always comes under scrutiny is the technique used in obtaining the evidence. Where the police do have the tools and techniques that have been court tested for the relatively modern machines and OSes, there is no such tool or a battle tested procedure for capturing and processing data from the Commodore 64. That's what the challenge is all about. It's all about how do you get your evidence, and prevent the defence from shooting it down on a technicality that your approach was not forensically sound, because you have not used the court "approved" forensic tools and techniques. -- a side note: there are no court approved forensic tools, at least not in the USA. There are forensic tools that have gone through court scrutiny and been found to be acceptable, but only in conjunction with a proper forensic sound procedure. The tool is only a tool, like a hammer, it can be used to drive a nail into a wall, or crack someone's skull. Define a proper and sound use :) -- It's easy for technical people to understand the realities and limitations of the technology. It's easy to understand that when you copy the contents of the files from one OS to another the contents do not usually change. But for an average person on the jury, if one computer is old and the other computer is new, and they don't speak the same language, well that means that someone had to translate it, right? And if someone translated it, could they have made a mistake? Of course they could! Of course they DID! Again, the hard evidence - the files, the pictures, the notes, etc.. - do not come under scrutiny. It's the techniques, the procedure, the competence of the investigators that get's questioned, and thanks to our "well educated" and "intelligent" jury, sometimes the guilty go free.
Forensic investigators = not stupid
Article author/editor = selling a story / lack of facts
Court system = flaky justice
Being a computer forensic investigator, what I can tell you is that the problem is not with extracting individual files (being current, deleted, overwritten), or even hashing the contents or drive images themselves. Although this does present a certain technical challenge, this can be overcome. Any forensic investigator will tell you that, what he/she finds during his/hers investigation rarely comes under question or scrutiny. You just can not deny the fact that this "stuff" was found on the suspects media. What almost always comes under scrutiny is the technique used in obtaining the evidence. Where the police do have the tools and techniques that have been court tested for the relatively modern machines and OSes, there is no such tool or a battle tested procedure for capturing and processing data from the Commodore 64. That's what the challenge is all about. It's all about how do you get your evidence, and prevent the defence from shooting it down on a technicality that your approach was not forensically sound, because you have not used the court "approved" forensic tools and techniques. -- a side note: there are no court approved forensic tools, at least not in the USA. There are forensic tools that have gone through court scrutiny and been found to be acceptable, but only in conjunction with a proper forensic sound procedure. The tool is only a tool, like a hammer, it can be used to drive a nail into a wall, or crack someone's skull. Define a proper and sound use