Forum: Author Hangout

I'm sure as hell not going to look up a link for that.

News stories on it aren't going to show the actual photos so would be "safe".

I don't trust the government to see that difference. Especially liberal prosecutors who see such cases as a career building slam dunk.

I don't trust the government to see that difference.

What difference? I said that claiming you received it uninvited wouldn't be a valid defense.

About the only safe course of action in that situation is to delete it immediately and hope the device never goes under the level of forensic examination that could recover deleted data.

For each new project I worked in the last two decades, I kept data on a new device. Starting with the typical blackberry and various computer disk.
There was always something the client wouldn't want to get out.
However, as I understand it, deletion doesn't get rid of it. Even hammering them was no guarantee.
For such things, a small gas smelter was used. I'd like to see them recover data from slag.

However, as I understand it, deletion doesn't get rid of it.

Not immediately. With enough activity the drive space it occupied would eventually get re-used.

I have heard claims that they can put traditional HD platters under an electron scanning microscope and "recover" the last 10 or so values of an individual bit location.

However, I would think the cost of something like that is a bit beyond the budget of most PDs and I'm not convinced it would work with solid state drives.

I have heard claims that they can put traditional HD platters under an electron scanning microscope and "recover" the last 10 or so values of an individual bit location.

A standard SEM is incapable of that.
https://www.nist.gov/programs-projects/magnetic-imaging
That could do it.
Magnetic force microscopy-MFM could as well.

Nothing can recover data from molten slag.

Nothing can recover data from molten slag.

Wouldn't have to be molten slag. I've heard the CIA grinds old HD platters to powder.

However, that's not the point.

Unless you expect a national intelligence agency to be coming after your data, going that far is unnecessary.

There are programs out there that will overwrite all the "empty space" on an HD with 1s or 0s. This will render any deleted files unrecoverable at any cost with in the means of a law enforcement agency for a normal criminal investigation.

Unless you expect a national intelligence agency to be coming after your data, going that far is unnecessary.

For some of the projects I've worked, that's entirely possible. Especially the embassy construction work.
It doesn't matter if it was overkill, it got the job done.

I don't trust the government to see that difference. Especially liberal prosecutors

It's good to know that conservative prosecutors would not prosecute over pictures of naked girls.

It's good to know that conservative prosecutors would not prosecute over pictures of naked girls.

They will if it is a naked white girl. Otherwise they wouldn't care.

Deleting the aforementioned images will both make you an accessory to destroying evidence as well as being party to failing to report a crime.

In the US, failing to report a crime is not in and of itself a crime. And you are not destroying evidence (against the sender anyway), as the evidence is still in the possession of the sender.

Ignorance of the law is not a defence, but ignorance of the act usually is.

Claiming ignorance of the act is going to be heavily dependent on the nature of the crime charged.

For possession of child pornography under US law, claiming someone sent it to you unsolicited is not enough, because mere possession of the image is the act in question.

Claiming someone sent it to you unsolicited is effectively admitting to possession of the image.

You could try claiming you didn't know it was child pornography or that someone else put it on your device without your knowledge, but that's risky. If a jury doesn't believe you, that's a lot of time in jail.

The claim "I got it by accident" is often used by people who claim they stumbled across the images while surfing the internet. Then the police examine their devices and find 10,000 images.

The claim "I got it by accident" is often used by people who claim they stumbled across the images while surfing the internet. Then the police examine their devices and find 10,000 images.

1. "I got it by accident" is not the same as "I didn't know what it was" or "Someone else put it on my device".

2. Yeah, if you have huge child porn stash and still try an ignorance defense, it will not end well for you.

Ignorance of the law is not a defense, but ignorance of the act usually is.

According to SCOUS it is a defense but only for the police.

According to SCOUS it is a defense but only for the police.

Can you cite the case name?

Can you cite the case name?

Heien v. North Carolina is a recent case.

https://www.vox.com/2015/8/4/9095213/police-stops-heien-v-north-carolina

https://www.theatlantic.com/national/archive/2014/12/when-cops-dont-know-the-law/383861/

See also: https://scholarlycommons.law.emory.edu/cgi/viewcontent.cgi?article=1276&context=elj

The process is known as sexting, and in some legal jurisdictions people can get into trouble for sending the images and for keeping the images, depending on the ages of the girls.

Doesn't have to be girls.