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 Post subject: Re: Need Data Recovery for HDD with Possible Illegal Content
PostPosted: December 27th, 2016, 16:29 
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Joined: June 8th, 2006, 19:44
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Location: Atlanta, GA
Let's say that someone helps you to perform a successful recovery -- with the knowledge that there might be illegal material on the drive. AFAIK, they could be liable for aiding and abetting a crime.

We clearly state on our recovery agreement that if we discover illegal content (e.g. child porn) on your drive, then will will contact law enforcement immediately, i.e. the FBI.

No one with any integrity is going to help you with this.

I recommend that you do not post further about it; don't sully the reputation of this otherwise good forum.

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 Post subject: Re: Need Data Recovery for HDD with Possible Illegal Content
PostPosted: December 27th, 2016, 18:03 
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Spildit wrote:
This is valid for child porn but let's assume that the illegal content is something like private photos of someone consuming drugs, for example. While it might be illegal to do so on many countries there are countries and even US states where you can consume drugs. This is just an example .... If it's something like this the OP can just mail the drive to a country where the "content" is allowed and ask for them to recover the data he wants keeping aside the data he doesn't want. Or if it's just a few bunch of files that are really needed the OP can ask for the ones doing the recovery to post it on something like a private FTP server, etc .... This way the possible illeagal content will not transit to the country of origin where it is illegal and it will stay on the country where the recovery is done and there it will be leagal.


So . . . what exactly is your point? The OP hasn't ruled out child porn, has he? He hasn't bracketed the type of [possible] illegal thing or activity, or did I miss something?

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 Post subject: Re: Need Data Recovery for HDD with Possible Illegal Content
PostPosted: December 28th, 2016, 0:02 
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Spildit wrote:
Well, my point is .... I guess it will depend on what the content is.


I see. So you go through the trouble of fixing the drive and recovering the data. And perhaps you discover that it contains kiddie porn, snuff films, or whatever. Congratulations! You are now an accessory to a crime. In the USA it is a crime to possess child porn -- if you are a D.R. firm, you are still in jeopardy, and still can go to jail, if you possess it even though it belongs to someone else.

It's radioactive. Why would you touch it?

I just don't get it.

If you want to flirt with trouble, fill a paper bag with dog crap; stick it on an aluminum pie tin; douse it with a flammable liquid; light it, and place it on somebody's porch and ring the doorbell. :-)

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 Post subject: Re: Need Data Recovery for HDD with Possible Illegal Content
PostPosted: December 28th, 2016, 10:13 
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Joined: February 9th, 2009, 16:13
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Location: Ontario, Canada
I'm with Jono. I believe the offense is even more severe in that it is trafficking if you pass illegal material to anther person, even if you don't know that it is there, just like it would be if you were unaware that you there were drugs in the bag that you handed over to someone else. At the end of the day, you may be exonerated of criminal intent; however, not before being dragged into court, published in the media with a possession of (whatever) charge and likely all the hard drives in your lab being taken into evidence.

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 Post subject: Re: Need Data Recovery for HDD with Possible Illegal Content
PostPosted: December 28th, 2016, 10:33 
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Joined: March 19th, 2015, 15:01
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lcoughey wrote:
and likely all the hard drives in your lab being taken into evidence.

All the HDDs ?????
The entire business which includes all your computers (and everything in it (PC3K Etc. Etc.)) can be taken away for investigation, that can take a long time until you'll get it back.


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 Post subject: Re: Need Data Recovery for HDD with Possible Illegal Content
PostPosted: December 28th, 2016, 13:16 
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Location: Ontario, Canada
jermy wrote:
lcoughey wrote:
and likely all the hard drives in your lab being taken into evidence.

All the HDDs ?????
The entire business which includes all your computers (and everything in it (PC3K Etc. Etc.)) can be taken away for investigation, that can take a long time until you'll get it back.

Exactly. In working with LE (Law Enforcement) here in Canada, I am well aware that there are no protections for data recovery labs.

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