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Vista Makes Forensic PC Exam Easier for Lawyers

Posted by Zonk on from the can-i-introduce-you-to-some-nice-encryption dept.

Katharine writes "Jason Krause, a legal affairs writer for the American Bar Association's 'ABA Journal' reports in the July issue that Windows Vista will be a boon for those looking for forensic evidence of wrongdoing on defendants' PC's and a nightmare for defendants who hoped their past computer activities would not be revealed. Krause quotes attorney R. Lee Barrett, 'From a [legal] defense perspective, [Vista] scares me to death. One of the things I have a hard time educating my clients on is the volume of data that's now discoverable.' This is primarily attributable to Shadow Copy, TxF and Instant Search."

1 of 343 comments (clear)

  1. It's not the function that's the problem by Anonymous Coward · · Score: 5, Interesting

    These are all legitimate, useful features. It's the implementation that's wrong.

    All potentially damaging (ie, all) data should be written to an encrypted store in such a way that recovering it from a lost/stolen/seized machine is hard to impossible without assistance from the owner. That's just good design practice in an environment where there is more than enough computing power available.

    I'm aware that there are places where you have to hand your keys over to law enforcement... with which I have no real problem provided the due process of law is followed. But at least properly managed/segmented encryption can prevent a fishing trip. And in the worst case if you were being falsely accused of something really awful then you might decide that the penalties for not handing over the keys were less severe than the penalties for having the data available. At least you would get the choice.