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Safeguards For RIAA Hard Drive Inspection 276

NewYorkCountryLawyer writes "In SONY v. Arellanes, an RIAA case in Sherman, Texas, the Court entered a protective order (PDF) that spells out the following procedure for the RIAA's examination of the defendant's hard drive: (1) RIAA imaging specialist makes mirror image of hard drive; (2) mutually acceptable computer forensics expert makes make two verified bit images, and creates an MD5 or equivalent hash code; (3) one mirror image is held in escrow by the expert, the other given to defendant's lawyer for a 'privilege review'; (4) defendant's lawyer provides plaintiffs' lawyer with a 'privilege log' (list of privileged files); (5) after privilege questions are resolved, the escrowed image — with privileged files deleted — will be turned over to RIAA lawyers, to be held for 'lawyers' eyes only.' The order differs from the earlier order (PDF) entered in the case, in that it (a) permits the RIAA's own imaging person to make the initial mirror image and (b) spells out the details of the method for safeguarding privilege and privacy."
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Safeguards For RIAA Hard Drive Inspection

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  • by mulhollandj ( 807571 ) on Sunday April 22, 2007 @12:05AM (#18829145)
    Digital forensics is a very tough issue as laws are somewhat immature and judicial precedence over what is acceptable and what isn't, isn't set yet. What is considered in plain sight on a hard drive? These questions haven't been fully answered yet and it is going to take at least one high profile case before it is done. And always remember to use a write blocker when examining somebody else's hard drive. Even booting into Windows will change the timestamps on a lot of files which might allow the theory of the evidence being planted.
  • by jasen666 ( 88727 ) on Sunday April 22, 2007 @12:09AM (#18829179)
    No, it said the earlier order specified that an RIAA's person was to make the image. The new order says agreed upon expert.

    And I agree, it does actually sound pretty reasonable.
    Regardless, anyone who gets a subpoena from the RIAA should be smart enough to swap out hard drives and install a new OS before the case even gets that far anyway. Assuming they have something to hide. Seems pointless really.
  • Let's take a poll.

    My vote: it's the troll. It's too stupid to do a parody of anything.

  • It's definitely a troll. It keeps reappearing, in the same words, in different places. There is nothing these guys won't stoop to.

    And notice that it's an off-topic troll, to boot.

  • by Anonymous Coward on Sunday April 22, 2007 @12:31AM (#18829341)

    It's definitely a troll. It keeps reappearing, in the same words, in different places. There is nothing these guys won't stoop to. And notice that it's an off-topic troll, to boot.

    It's very clearly an instance of sustained irony.

  • by daeg ( 828071 ) on Sunday April 22, 2007 @12:42AM (#18829427)
    Simple solution is to simply use something like TrueCrypt. Don't let applications save logs or recent file histories and use portable apps on USB thumb drives where applicable (even TrueCrypt can run in this mode).

    Besides being more private, it's also damned cool and lets you bring your programs, files, and everything with you no matter what computer you're on.
  • by ZachPruckowski ( 918562 ) <zachary.pruckowski@gmail.com> on Sunday April 22, 2007 @12:42AM (#18829437)
    In this instance, that doesn't really matter. People don't deliberately keep large piles of pointless bits or stuff with a bunch of useless bits at the end on their hard drives. It'd be blatantly obvious what is a collision-attack file and what isn't. If it's an MP3 with a large bunch of bits tagged somewhere to make the MD5 match, then it's a plant.
  • by nmb3000 ( 741169 ) on Sunday April 22, 2007 @01:04AM (#18829565) Journal
    Simple solution is to simply use something like TrueCrypt.

    TrueCrypt is pretty neat, but that brings up a question. If you encrypt your entire hard drive, what happens when your computer is taken as evidence? Can you be required to divulge the decryption key? IANAL, but I assume that you can be held in contempt of court (or something) by refusing to offer it up, leading to criminal charges, fines, and/or jail time. In any case, I doubt you can just give the RIAA the bird and say "Nah nah, can't touch this" because your stuff is encrypted.

    Does anyone know the details about this? I doubt encryption helps you when it comes to legal matters, unless maybe you can plead the Fifth. After all, by giving up the decryption key you may be incriminating yourself :)

    Anyone know?
  • Safeguards I use (Score:5, Interesting)

    by hardburlyboogerman ( 161244 ) <kwsmith41747@windstream.net> on Sunday April 22, 2007 @01:25AM (#18829693) Homepage Journal
    1.A loaded S&W .357 for use on the RIAA trolls trying to gain access to my house.(Under Ky Law I may defend my personal property using deadly force if I deem it necessary)
    2.A good self destruct device (easy to built and arm) for the hard drive(renders it absolutely useless to any forensic expert,since it physically destroys the platters.)
    3.I use an external drive to store the MP3 and other multimedia files on.Easily hidden,(like the old Varmit XL1000 CB Linear amps of decades past)
    Anyone wanting to seize my machine will pay dearly for trying.I just don't give a damn anymore since I had the nervous breakdown last year.
    That way,If the RIAA does get the machine,it will turn to scrap before they can get it 2 miles away.Paranoid? Sure,but with the corruption of the courts these days,these steps are needed.
  • Suppose one were to have a CRON entry that does touch /* -R every night at 3AM? For extra goodness, have it write out 4 random times and then the new time to prevent data recovery of original times. Running every day for a week, it'd be impossible to get the originals. It's impossible to prove anything, including when the script was added, as dates are overwritten constantly. Goodbye timestampiness!

    Or if you're real paranoid, just get a laptop body + huge HDD + wireless and bury it in your wall and store your shit on that. Just manually mount the (encrypted) remote volume and supress NFS logging and there's zero evidence that you ever had any files.

    Just remember to encrypt everything anyway. And use ext2fs to avoid a journal leaving any "suprises" behind.

    And what about disk-copy utilities that duplicate a disk, timestamps and all, except you leave out certain important things (like ~/music/) from the copy? Actually, best to have some classical or nerdcore music, lest the absence of anything prove suspicious.

    I guess what I'm saying is, there are many, many ways to foil the MAFIAA. You just have to implement them beforehand, and calmly cover every angle. Trying to do something *after* getting subpoenaed is a bad idea, because then you're hurrying. And as you say, one tiny mistake is all it takes, and people tend to make mistakes when they hurry.
  • by trewornan ( 608722 ) on Sunday April 22, 2007 @02:47AM (#18830045)

    do they search each defendant's home top to bottom to find any hidden hard drives?

    I'd been thinking about this and had more or less decided it would be a good idea to by a wireless hard dive (like this: http://www.whatlaptop.co.uk/YRtBdcdoWel2Yg.html [whatlaptop.co.uk]). I might even really go wild and rip some of the plasterboard off a partition wall and wire it straight in to a ring main. Replace the plasterboard and repaint and you'd virtually have to pull the building apart to find it (unless you used RF direction finding) - and that's if you knew it was there. I can't imagine your average cop/lawyer realising.

    But would it be a fire hazard?

  • by Nom du Keyboard ( 633989 ) on Sunday April 22, 2007 @03:49AM (#18830287)
    I would have them remove ABSOLUTELY EVERYTHING that can be proven not to relate to the RIAA's case before the RIAA can get their hands on it. Every e-mail, every history file, every log file, your installation of Microsoft Office, Media Player playlists, any other installed program that they're not looking for. Anything that's your business that it's on your hard drive, and not their business, should be gone gone gone! Even the operating system you use and its activation keys are none of their business in this case, since they're not suing you for having Microsoft Windows on your hard drive. And don't forget anything that indicates just how you connect to the Internet.

    In the end they should receive any MP3 files that are on their list of infringing files, and Online Media Distribution System (P2P file sharing program, for the rest of us) files for the OMDS they've claimed they've identified (e.g. KaZaA) if present, AND NOTHING MORE!

    As I understand it (IANAL), you are allowed to remove personal files that have no relationship to the case at hand. The RIAA can object if you try to protect files they say have a direct bearing on their case, however, they should find it an impossible task to justify why they need to see anything other than specified MP3 and/or OMDS files. Don't give them a byte more than they're entitled to.

    And most importantly of all, perhaps, wipe all the unused file space. Let them try to prove why they deserve access to areas of the hard drive not included in any files.

  • by OneSmartFellow ( 716217 ) on Sunday April 22, 2007 @04:08AM (#18830355)
    ... a virtual OS install for all your 'illicit' downloads.

    i.e. - VMWare, where the installation is hosted within a single file. For tin foil hat level security you may choose to keep the file on an removable device. The first hint that the RIAA is persuing you, you disconnect/erase the device/file.

    Ooops, the cat's out of the bag now !
  • by Anonymous Coward on Sunday April 22, 2007 @04:16AM (#18830387)
    What if you have a system with multiple drives, one of which has all of your less than legal stuff- you get subpoenad and you simply submit the OS drive, unaltered and/or destroy the other drive? If you're vigilant about preventing recent files lists from building up- is there any way to detect there was another drive?
  • by nospam007 ( 722110 ) on Sunday April 22, 2007 @04:48AM (#18830481)
    TrueCrypt is pretty neat, but that brings up a question. If you encrypt your entire hard drive, what happens when your computer is taken as evidence? Can you be required to divulge the decryption key?
    ----
    from the trucrypt website:

    Plausible Deniability

    In case an adversary forces you to reveal your password, TrueCrypt provides and supports two kinds of plausible deniability:

          1. Hidden volumes (for more information, see the section Hidden Volume).

          2. It is impossible to identify a TrueCrypt volume. Until decrypted, a TrueCrypt volume appears to consist of nothing more than random data (it does not contain any kind of "signature"). Therefore, it is impossible to prove that a file, a partition or a device is a TrueCrypt volume or that it has been encrypted.

    TrueCrypt containers (file-hosted volumes) can have any file extension you like (for example, .raw, .iso, .bin, .img, .dat, .rnd, .tc) or they can have no file extension at all. TrueCrypt ignores file extensions. If you need plausible deniability, make sure your TrueCrypt volumes do not have the .tc file extension (this file extension is 'officially' associated with TrueCrypt).

    When formatting a hard disk partition as a TrueCrypt volume, the partition table (including the partition type) is never modified (no TrueCrypt "signature" or "ID" is written to the partition table).

    Whenever TrueCrypt accesses a file-hosted volume (e.g., when dismounting, attempting to mount, changing or attempting to change the password, creating a hidden volume within it, etc.) or a keyfile, it preserves the timestamp of the container/keyfile (i.e., date and time that the container/keyfile was last accessed* or last modified), unless this behaviour is disabled in the preferences.
  • by Anonymous Coward on Sunday April 22, 2007 @05:03AM (#18830539)
    or you can just pay for the music you listen to. Simpler isn't it.
  • by Anonymous Coward on Sunday April 22, 2007 @05:15AM (#18830597)
    That's pretty easy... sanitize your home dirs when you get the subpoena, set your PC's BIOS date about 6 months back, *then* mil-std wipe your drive, re-install your OS. Copy your (sanitized) homedir back, then reboot, set the BIOS a few weeks ahead, edit a few files... visit a few websites.. repeat a few times and you have a plausible 6-month history for your squeaky-clean PC. Easy to do all this the same evening you get the lawyer's letter.

    Timestamps are totally unreliable if you have a few hours of time on your hands to create a false trail. I'm amazed the courts consider *any* PC-derived evidence as admissable. It just shows the ignorance of the legal system in general. Until or unless we have TPM imposed upon us, no computer-related evidence is really trustworthy.

    Thank goodness. :-p
  • by DrYak ( 748999 ) on Sunday April 22, 2007 @06:38AM (#18830943) Homepage
    Files RIAA is interested in :

    1) kazaa.log
    2) spyware.log
    3) $sys$sonyrootkit.log
  • by maxume ( 22995 ) on Sunday April 22, 2007 @09:36AM (#18831293)
    TrueCrypt inside of TrueCrypt.

    The inner volume can be hidden, and the creators believe that it is robust enough that it can not be identified if you don't know it is there.

    http://www.truecrypt.org/ [truecrypt.org]
  • by Anonymous Coward on Sunday April 22, 2007 @12:28PM (#18832377)
    Yeah, but they'll still think you're trying to hide something.

    If you really want to hide something, do this:

    1. Go to a store and buy a large external hard drive. Pay with cash.
    2. Use loop-aes, TrueCrypt, or whatever you use on the drive.
    3. Install VMWare, Qemu, VirtualBox, KVM, Xen, or whatever you use.
    4. Create a virtual machine for doing your filesharing in. Store it on the external drive.
    5. Store all downloaded content on the external drive.

    This way, if the RIAA wants your computer's hard drive they won't get anything. They don't have to know the external exists. They won't see the filesharing apps installed. They won't see 60gb TrueCrypt volumes with 10 office documents in it (since the rest is in the hidden part...). Just make sure that the true path of the VM isn't listed in your virtualization software's history. And create a few vms of various operating systems so it looks like you use it for things.

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