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 Post subject: Cloning Software Legal Forensics Question
PostPosted: July 22nd, 2019, 18:37 
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Joined: January 29th, 2012, 1:43
Posts: 982
Location: United States
As the author of HDDSuperClone, my software has been mentioned for forensic cloning/imaging. It has even been asked that I add checksum capability, which I have no intention of doing. So what are the laws for forensic cloning software, most specifically in the USA, but also other countries? If someone knows what they are doing (knows how to zero the destination drive, and proficiently use cloning software), can they use my software to clone or image a drive without it being a legal issue in court? I will never support my software for forensic use, but I can’t say it couldn’t be used with the right knowledge. I would just like to know how I should answer to questions regarding using it for forensic cloning.

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 Post subject: Re: Cloning Software Legal Forensics Question
PostPosted: July 22nd, 2019, 19:20 
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Joined: February 9th, 2009, 16:13
Posts: 2520
Location: Ontario, Canada
As far as I know, the checksum can be calculated after the image is complete using various open source apps. The key for the forensic side of things is to ensure that there is absolutely no way of writing the source drive. Personally, I'd never trust a software solution without some sort of hardware write blocker.

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Recovery Force Data Recovery


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 Post subject: Re: Cloning Software Legal Forensics Question
PostPosted: July 23rd, 2019, 4:28 
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Joined: May 13th, 2019, 7:50
Posts: 907
Location: Nederland
"As far as I know, the checksum can be calculated after the image is complete using various open source apps"

Yes, it's more in the procedures and documenting a case I guess. Get hash for media that was taken into evidence or whatever you call that > clone it > get hash for clone > hash clone should match original media.

There is no way to ensure by any cloning software that some bright soul edited the original disk prior to creating the first hash. So, all the hash can prove is that media is unchanged since you imaged it. To do this the hashing does not have to be part of the cloning software per se.

If your software is closed source then leaving the hashing to some open source tool may even be a better idea, not?

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 Post subject: Re: Cloning Software Legal Forensics Question
PostPosted: August 1st, 2019, 17:25 
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Joined: October 21st, 2009, 21:28
Posts: 11
Location: South Carolina, USA
I am not aware of any law that requires the hashes be built while the image is made. In the US, the courts have established accepted procedures that if followed and properly documented make the submission of computer forensic evidence easier.

Calculating the hash at the same time the image is created can save time and certainly reduces the number of time a drive need to be read.

There are tools that enable an image to be taken from a LIVE system. A hash is worthless in this situation to compare the image to the original drive. Hashes can be use to insure that the image hasn't been tampered with.

In the US courts detailed documentation and the qualification of the forensic analyst are usually more important than the specific software used. A good forensic analyst would test each software tool and document the results and submit them with the investigation results.

TonyC


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