About 5yr. log retention

Jim Choate ravage at einstein.ssz.com
Tue Dec 5 18:13:26 PST 2000



On Tue, 5 Dec 2000 mmotyka at 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.

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