On Tue, 5 Dec 2000 mmotyka@lsil.com wrote:
To prove destruction of evidence you must prove that it existed in a form that was retrievable ( good luck ) and then that its destruction was done by a person who was aware of the crime ( not always so in the networking world ) for the purpose of concealing the crime( burden of proof on you ). I clean disk space randomly and not according to any schedule.
Erase away, but not on the evil MS platform.
Actually all you have to prove is it existed, say you find a body with a big hole that was caused by a gun. Hiding/destroying the gun down would be a crime at that point. If they could prove that you did the crime through other means, and that the crime was commited with a gun (which follows you had the gun at one time) then they could nail your slimey ass to the wall without ever laying hands on the gun. Similarly, grinding off s/n's, wiping disks (which your statement above would qualify as evidence), etc. to modify or otherwise alter the evidence would also be criminal. It's even a crime to destroy evidence in a civil (ie non-criminal) case. ____________________________________________________________________ Before a larger group can see the virtue of an idea, a smaller group must first understand it. "Stranger Suns" George Zebrowski The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------