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Cloaking Data is "Proof" of Guilt

from Slashdot:

"In a recent submission to Bugtraq, Larry Gill of Guidance Software refutes some bug reports for the forensic analysis product EnCase Forensic Edition. The refutation is interesting, but one comment raises an important privacy issue. When talking about users creating loops in NTFS directories to hide data, Gill says, 'The purposeful hiding of data by the subject of an investigation is in itself important evidence and there are many scenarios where intentional data cloaking provides incriminating evidence, even if the perpetrator is successful in cloaking the data itself.' That begs the question: if one cloaks data by encrypting it, exactly what incriminating evidence does that provide? And how important is that evidence compared to the absence of anything else found that was incriminating? Are we no longer allowed to have any secrets, even on our own systems?"

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Comments (6)

Lee Ward:

I don't know why your headline reads "proof" of guilt - the article said it's "incriminating evidence" which kinds of makes sense.


We know from a thread on Big Wiz that what constitutes 'suspicious behaviour' is a judgement call. And, as always, intent is key. Juries get to decide that.

Lee Ward:

"Incriminating" evidence is not evidence of a crime.


Lee, at first I was gonna say "Lee, don't you see Lee's point that evidence isn't necessarily proof", and then I read it all over again and I guess that even with more coffee in me than in my previous comment, I'm still not sure I get your point.

Lee Ward:

Thanks for clarifying that, kim.


One lump, or two?


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